June 15, 2016

Negligent driving occasioning grievous bodily harm appeal: MVK v Police

Negligent driving occasioning grievous bodily harm, Section 117(1)(B) Road Transport Act 2013 – severity appeal – minimum disqualification period imposed

Facts:

MVK was appealing the severity of a Local Court sentence, relating to a charge of negligent driving occasioning grievous bodily harm. The charges related to an incident when MVK, on his second week riding a scooter, swerved off the road to avoid being hit by traffic and non-fatally collided with a pedestrian. The Local Court suspended MVK’s driver’s licence for 18 months. MVK gave instructions to appeal against the severity of the sentence.

Outcome:

In the appeal hearing, it was submitted that MVK had been driving safely for 10 years, and had not had an incident prior to his attempt at learning to ride a scooter. It was also submitted that the licence disqualification prevented MVK from using both his scooter and his car, which made it difficult for him to get to work and to drive his toddler to preschool. Given the disproportionate impact on MVK, the appeal judge upheld the appeal and reduced his licence disqualification to the minimum amount.

If you are facing traffic offence or speeding charges, contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the speeding and traffic offence defence lawyers in our Sydney office.