Our client was a 36-year-old male, and self-employed builder. He was charged with one count of negligent driving occasioning grievous bodily harm, and one count of negligent driving (no death or grievous bodily harm) as a back up offence.   The circumstances are that on new-years-eve morning just after 8:30am, our client was leaving Bunnings, Maitland when his vehicle collided with a female pedestrian. Our client immediately rendered assistance. She was taken to Maitland hospital where she treated for a broken tibia requiring a piece of her hip to be used as a bone graft. She was bed bound for six weeks.
Following the accident our client returned the victim’s car to her home, fed her dog, collected some of her personal belongings for her including her mobile phone and delivered them to her at the hospital. Police later attended and took a statement from the victim and our client was charged with the offences. He pleaded not guilty.  At the hearing the victim was challenged in cross-examination and our client was ultimately found not guilty. The court found that ‘bunnings’ is a busy place and one would expect a reasonable degree of care – but what had come out of cross-examination is that the complainant could not be sure that our client had done anything to depart from the reasonable standard of care of the ordinary driver.
Our client was ecstatic with the outcome and to avoided a potential disqualification order for three-years which would derail his business.

Result achieved by

Skye Nixon

Solicitor · Lamont Law

Skye is admitted to the Supreme Court of NSW and the High Court of Australia since 2021. She graduated from University of New England and is currently undertaking her Masters in Forensic Mental Health at the University of New South Wales. Skye is a member of the New South Wales Law Society, as well as a member of Legal Aid NSW Private Lawyer panel.

Other Results

Skye Nixon

@Maitland Local Court

Discharged without Conviction – Contravene ADVO | Common Assault | Stalk/Intimidate with Intent Maitland Local Court

Our client was a 20 year-old male charged with domestic violence related offences involving his father at their home. Our client was arrested and taken into custody, with the family arranging for our solicitor Skye to arrive at Maitland Police Station shortly after.

Through a well-considered release application, our client was granted conditional bail upon a plea of guilty to 3 of the 5 charged offences. The matter was adjourned for hearing on the defended charges. At the hearing, two offences were withdrawn and dismissed. Skye was able to persuade the court to apply for the full utilitarian discount, and made compelling submissions on sentence. Ultimately, the charges were dismissed subject to the condition our client be of good behaviour for twelve (12) months. There was no conviction, and no penalty. Our client expressed his sincerest gratitude for having avoided a criminal record, with just one week to go in his education before progressing to work-placement.

Skye Nixon

@Newcastle Local Court

Not Guilty - Assault ABH | Stalk/Intimidate with Inten

Our client was a 57-year-old male charged with domestic violence related offences involving his older brother, following an argument which turned physical in their home. During the altercation, the victim was left with serious injuries requiring brief hospitalisation. Their mother was also left slightly bruised and battered in attempting to intervene, and our client too had a number of injuries. Whilst being transported to hospital, the complainant gave a self-serving version of events to emergency responders who swiftly notified police. Once again, the complainant gave a statement to police that was implausibly one sided and our client was charged with the offences. At the hearing, the complainant gave evidence that our client was so out control on the date in question he had no doubt he was fighting for his life. After a well-planned and thorough cross-examination, our client was found not guilty.

Skye Nixon

@Gosford Local Court

Discharged without Conviction – Common Assault | Stalk/Intimidate with Intent Gosford Local Court

Our client, charged with domestic violence related offences following an argument at his home with his adult daughter, initially pleaded not guilty on advice from another lawyer. Just weeks out from the hearing, he contacted Lamont Law for a free consultation to seek out a second opinion. His concern was, the incident was fully captured on video and the evidence was expected to be played in Court.

Our solicitor Skye spoke with the client on several occasions, taking the time to explain the available options and the consequences of each. Ultimately, our client instructed us to resolve the proceedings by way of charge negotiations.

At the hearing, with the complainant present, Police accepted the defence offer and in doing so reinstated our client’s sentencing discount. After preparing for sentence, we were able to persuade the court to deal with the matters by way of Conditional Release Order without Conviction for a period of six (6) months. Our client was overjoyed by the outcome and to have avoided a criminal record.

Skye Nixon

@Singleton Local Court

Not Guilty - Assault ABH

Our client was a 39-year-old female who was charged with DV related ‘assault occasioning actual bodily harm’ of her former partner. The Facts as alleged by the complainant, is that whilst he was driving he assaulted with our client allegedly having punched him several times; and bit him to the centre of his back leaving a nasty bruise. Our client was arrested and taken into custody. She was subject to strict bail conditions, as well as an ADVO which prevented her from returning to her workplace where the complainant was also employed. Our solicitor Skye came into the matter a week prior to first mention. She immediately sought a variation of the ADVO and bail conditions to allow our client to return to work. A plea of not guilty was entered. At the hearing, Skye cross-examined the complainant meticulously and at the close of the evidence, the Local Court Magistrate declined to hear submissions from the parties. The learned Magistrate remarked he could not possibly accept the complainant’s version, with so many of the defence questions being answered with ‘I don’t know/I don’t remember’ and so many inconsistencies he could not explain. Our client was found not guilty.