Our client was 25 years of age and is employed as a peer worker within the mental health field. He was charged with an offence of negligent driving occasioning grievous bodily harm following a motor vehicle collision with a motorcycle. Prior to the collision, our client had never been charged with a criminal offence and he had a limited traffic history. In a matter of seconds, our client’s life changed entirely. Our client approached a t-intersection where he intended to turn right. The southbound traffic was heavy thereby preventing him from safely entering the intersection and turning right. The northbound traffic was light, with a parked vehicle obstructing lane 1 of 2. After a few minutes, with a gap in the traffic heading south, our client entered the intersection and executed a right hand turn into the lane the victim was occupying. This resulted in the motorcycle colliding with the rear offside of our client’s vehicle. The rider was thrown off his motorcycle and fell to the ground several metres ahead. The rider sustained serious injuries including a fibula head fracture and an avulsion of the cojoint tendon of the biceps femoris. These injuries required surgical intervention. Police attended the scene of the collision and spoke with our client. When speaking with the Police, our client volunteered information about the immediate circumstances preceding the collision. He provided a version consistent with the account of other witnesses, and he acknowledged that he had not considered that a motorcycle would not be visible from his position. After making contact with Lamont Law, our client disclosed the circumstances of the offence and indicated that he intended to plead guilty to the offence. He was devastated that he was responsible for the injuries sustained by the rider. Our client explained that he relied heavily upon his licence in the course of his employment. He emphasised that should he be convicted and subsequently disqualified; he would be terminated from his position. We appeared at first instance at Penrith Local Court where we made submissions in favour of a Conditional Release Order, without conviction. His Honour was not persuaded that our client should have the benefit of such an order. Our client was subsequently convicted, fined $1,000, and disqualified from driving for twelve months. Shortly after the decision, our client was terminated from his position and lost his Working With Children’s Check (‘WWCC’). He experienced significant difficulty locating alternative employment in the same field, as each role required that he have no criminal convictions, that he hold a valid WWCC, and that he retain the right to drive in NSW. Our client subsequently appealed against the severity of the sentence. Before attending Court, Joanna prepared comprehensive written submissions setting out our client’s compelling subjective circumstances, the impact of a conviction following the decision of the Local Court, the relatively low level of our client’s criminality, and advocated for a Conditional Release Order without conviction. Together we appeared at Parramatta District Court, where Joanna made further compelling submissions on behalf of our client. She properly conceded the serious nature of the offence and the significant injuries sustained by the rider. Importantly, Joanna highlighted that this was a case of momentary attention, that the level of our client’s actual negligence was low. She further presented strong evidence of the consequences of the Local Court decision on our client’s employment, and our client’s good prospects of rehabilitation after having completed the Traffic Offenders Intervention Program for the first time in his driving history. His Honour was persuaded that our client’s level of criminality was low and that the circumstances of the offence were extremely unfortunate. His Honour was further persuaded that the consequences of a conviction were unduly harsh. That it has and continued to cause serious hardship, not just for our client’s family but also for our client’s employer who provided critical services to the community in a climate where there was a shortage of support workers. The decision of the Local Court Magistrate was quashed. Our client was sentenced to a Conditional Release Order, without conviction, for a period of two (2) years. It was an extraordinary outcome in the circumstances.

Joanna

Result achieved by

Joanna Pasternak

Solicitor · Lamont Law

Joanna obtained her degrees in Law and International Studies from Macquarie University. Following her undergraduate studies, she completed her Practical Legal Training under the guidance of seasoned professionals. Joanna was admitted to practice law in the Supreme Court of New South Wales in August 2020, and is a registered member of the New South Wales Law Society.

Other Results

Joanna Pasternak

@Gosford Local Court

Not Guilty – Negligent Driving Occasioning Grievous Bodily Harm

Negligent Driving Occasioning Grievous Bodily Harm carries a maximum penalty of 9 months imprisonment, a $2,200 fine, and an automatic disqualification of 3 years (reducible to 12 months) in NSW. This offence applies when a driver causes serious injury to another person by driving without the due care and attention expected on the road. Our client was charged following a traffic incident in which another person sustained significant injuries. The matter proceeded to a defended hearing in the Local Court. After careful preparation and contested evidence, the court found our client not guilty, avoiding both a conviction and a mandatory disqualification period.

Joanna Pasternak

@Parramatta Local Court

Charges Downgraded and Dismissed Under Section 14 Mental Health Application

Our 38-year-old client, a mother supporting her family overseas, faced criminal charges following an incident after a family gathering in north-western Sydney. Following a pleasant retreat in the Blue Mountains, she drove her family to her parents’ home. While enjoying tea, an argument erupted between our client and her mother over inappropriate language use in front of her child. The confrontation escalated when her mother attempted to take the child from her arms, prompting our client to push her mother away gently with her forearm.

The situation intensified, with allegations that our client kicked her husband more than 50 times, resulting in a minor injury, before he retaliated. After calling emergency services to report her husband’s conduct, she was arrested and charged with common assault and assault occasioning actual bodily harm.

Upon contacting Lamont Law, our client conveyed her version of events and disputed the charges. Notably, she had a significant mental health history exacerbated by her circumstances at the time. Our solicitor, Joanna, guided her through the process of amending the charges and prepared representations to the police, resulting in the serious charge being downgraded.
At Parramatta Local Court, Joanna argued for dismissal of the charges and proposed a twelve-month diversion to mental health care, including psychological counselling and cognitive behavioural therapy. The court accepted these submissions, dismissing the charges and allowing our client to pursue structured rehabilitation, avoiding a criminal conviction.

Joanna Pasternak

@Hornsby Local Court

Prison Avoided - High Range PCA

Our 43-year-old client was charged with driving with a high-range prescribed concentration of alcohol (PCA) after a distressing incident. While at home, she consumed a bottle of wine and engaged in self-harming behaviour, causing significant injuries to her forearms. She decided to drive herself to the Emergency Room for treatment. While driving out of her apartment complex’s basement, she collided with a storage cage and a stone barrier, stopping against the building’s exterior wall. Witnesses aided her, and emergency services soon arrived. A roadside breath analysis revealed a BAC of 0.294, significantly above the legal limit of 0.05 for unrestricted licence holders in NSW.
After being charged, our client contacted Lamont Law and spoke with criminal defence solicitor Joanna. She disclosed her history of alcohol abuse, self-harm, and mental health decline. Our client pleaded guilty and was concerned about the possibility of imprisonment, though she had since completed an alcohol detox program and was engaged in ongoing rehabilitation.
Joanna worked with her client’s healthcare providers to prepare a psychological report detailing her alcohol abuse history and mental health challenges. In court, Joanna emphasized her client’s rehabilitation progress, remorse, and participation in the Traffic Offenders Intervention Program, advocating for a non-custodial sentence.
The court accepted Joanna’s submissions, sentencing our client to an 18-month Intensive Corrections Order with mandatory rehabilitation. Her driver’s licence was disqualified for nine months, and she was placed in a 48-month interlock program, much to her relief.

Joanna Pasternak

@Hornsby Local Court

Not Guilty - Contravene ADVO

Our 57-year-old client, self-employed, was charged with contravening an apprehended domestic violence order (ADVO) after an incident involving his brother and nephew. Following a family dispute, an ADVO was imposed, and a few months later, our client was accused of following his brother and nephew while driving through West Gosford. Unaware of their presence, he was on his way to a Bunnings store for business purposes. His brother and nephew, however, claimed he was knowingly breaching the ADVO by following them.

After his arrest, our client sought legal representation from Lamont Law and provided a detailed account of his actions on the day. He explained that he was unaware of their presence and was simply traveling through a major thoroughfare to his destination. Joanna, his criminal defence solicitor, explained that for the charge to hold, the prosecution must prove beyond reasonable doubt that our client knowingly breached the ADVO, which was not the case here.

At the hearing in Hornsby Local Court, video evidence provided by the nephew showed our client driving at a normal speed, maintaining a significant distance, and making no suggestive movements of following. During cross-examination, Joanna highlighted the absence of proof that he was aware of their presence or that he was trying to follow them. His Honour ultimately accepted Joanna’s submissions, ruling that the prosecution failed to prove our client knowingly breached the ADVO, leading to his acquittal.