Not Guilty – Contravene ADVO

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.

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.

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.

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.