Our client was a 43 year old man employed as a rigger across NSW. He was charged with negligent driving occasioning death – first offence, following a tragic set of circumstances that occurred as he was making his way from rural NSW to visit his partner in Sydney’s South West. Our client had collided with the victim, who was on a motorcycle, whilst conducting a right hand turn at an intersection. Our client had been travelling at a slow speed as he conducted the right-hand turn. Upon collision, the victim was ejected from his motorcycle and landed approximately ten metres away from the point of impact. First responders attempted to revive the victim, however, it was not long until he was pronounced deceased at the site. The offence negligent driving occasioning death – first offence carries a maximum term of imprisonment of 18 months. It also carries a maximum fine of $3,300 as well as an automatic period of licence disqualification of 3 years, or a minimum period of licence disqualification of 12 months. When our client first contacted us, he was very distressed as a result of the tragic accident. Jelena was patient and calm with our client and explained the court process to him. Jelena also obtained detailed instructions from our client. In taking these instructions, it became apparent that our client was suspended from driving by NSW police as a result of this offence and that as part of his bail conditions, he was not permitted to occupy the driver’s seat of a vehicle. As a result, our client lost his employment and was out of work. He was concerned about potentially facing jail time and being out of work. Before the substantive charge matter reached court, Jelena filed a licence suspension appeal against NSW police’s decision to suspend his licence for the offence negligent driving occasioning death. A bail variation application was also filed in support. The licence suspension appeal against police was listed in Picton Local Court a Magistrate. Compelling submissions were made by Jelena on behalf of our client and some subjective material was tendered to the court by Jelena in support of our application. The Magistrate agreed to allow our appeal and to vary our client’s bail conditions. This meant that the licence suspension was lifted and that the bail conditions were varied to delete the condition that he could not occupy a driver’s seat of a vehicle. Our client was able to drive and go back to work. As is common for these kinds of matters, the matter was referred to the Director of Public Prosecutions (DPP) in accordance with the Singh protocol. The matter, however, remained a police matter and was to be dealt with locally in Picton Local Court. Our client initially instructed us to plead not guilty. An order was made by the Magistrate for police to serve the brief of evidence to us. Jelena carefully reviewed the brief of evidence with our client and obtained comprehensive instructions from our client. Our client placed his trust in Jelena’s legal expertise and was detailed in his instructions, meaning that we could work together to carefully prepare for court. Upon review of the brief and instructions, our client instructed Jelena to enter a plea of guilty to the offence. The Magistrate requested a Sentencing Assessment Report (SAR) and the matter was adjourned for the report and for Local Court sentence. Police then contacted Jelena to advise her that an additional sequence would be added for the offence drive motor vehicle with illicit drug present in oral fluid etc. – first offence. This came as a result of a positive reading to the illicit drug cannabis appearing in our client’s bloodwork. Our client’s blood sample was taken at the local hospital not long after the tragic accident took place. It took some time for these results to come through, however, when they did, it became apparent on our client’s instructions and the evidence, that he was driving a motor vehicle with illicit drug present in oral fluid. A plea of guilty to this offence was entered when the charge was added. Jelena briefed a barrister in the matter to appear for the Local Court sentence. Together, Jelena and our barrister, as well as our client, prepared for the Local Court sentence. Jelena assisted counsel by gathering some compelling subjective material in support of our client’s subjective circumstances. Written submissions were prepared by counsel. It was a very difficult and emotional day in court, with the deceased victim’s family present in court. The Magistrate sentenced our client to 10 months imprisonment to be served by way of an Intensive Corrections Order (ICO). This means that our client was able to avoid full-time jail. Instead, he was subject to an ICO with supervision by his local community corrections office and ordered to undertake 80 hours of community serve work. As is mandatory upon conviction, our client was disqualified from driving. The Magistrate was persuaded to reduce the automatic period of licence disqualification, down to a period of 17 months. In relation to the offence drive with illicit drug present in oral fluid – first offence, our client was convicted and fined $1,100 (reduced from maximum fine of $2,200). As a result of the conviction, the Magistrate disqualified our client from driving for the automatic period of 6 months. Our client was very grateful to have avoided a custodial sentence and to have been able to serve a term of imprisonment in the community.

lamont law jelena

Result achieved by

Jelena Dobric

Solicitor · Lamont Law

Jelena is admitted to the Supreme Court of NSW and the High Court of Australia. Jelena practices exclusively in criminal and traffic law. Jelena has degrees in Media and Law from the University of New South Wales.

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