Our client appeared before the Court facing charges of intentionally or recklessly destroy or damage property, negligent driving, and fail to give particulars to another driver arising from a road incident on the Pacific Highway.

Police alleged that after an earlier collision and verbal exchange, our client intentionally followed another motorist before striking the side mirror of the other vehicle as he rode past on his motorbike.

The allegations were serious because, if accepted, they suggested deliberate retaliation and intimidation. This would have increased the objective seriousness of the matter and potentially affected the penalty imposed by the Court.

Our client was 37 years old, married, the father of a one-year-old daughter, with no criminal antecedents and only a limited traffic history. His primary concern was avoiding a licence disqualification, which would have significantly impacted his family and daily responsibilities.

Lamont Law solicitor Kristina Batkovska reviewed the charge papers, obtained detailed instructions, and identified that the police facts did not fully reflect the circumstances.

Kristina Batkovska then secured dashcam footage from the officer in charge and sent detailed representations seeking amendment of the facts. Those representations were accepted, establishing that after the initial argument the parties had coincidentally come across each other again, rather than the client intentionally pursuing the other driver.

This significantly reduced the client’s moral culpability and changed the way the matter was viewed by the Court.

As a result, the Court imposed a Conditional Release Order without conviction for 12 months on the destroy/damage property offence.

For the negligent driving and fail to give particulars offences, convictions were recorded with a $520 fine, however no licence disqualification was imposed.

Why this result matters: By carefully reviewing the evidence and successfully negotiating amended facts, the most serious aspects of the prosecution case were reduced. This allowed the client to avoid a conviction for the property damage offence and keep his licence.

This case result was dependent on its own facts and circumstances. Past results do not guarantee future outcomes.

Kristina Batkovska

Result achieved by

Kristina Batkovska

Solicitor · Lamont Law

Kristina completed the Legal Profession Admission Board’s Diploma in Law. She previously obtained her Bachelor of Laws (LLB) at Ss. Cyril and Methodius University, before moving to Australia and completing a Masters of Commerce at ACU.

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