Gaol and criminal conviction avoided for driver charged with accidentally killing motorcyclist

Our Mr Francis Caesar Devine, Criminal Law Associate, recently appeared before the Magistrates Court in Queensland for a client charged with careless driving causing death. As with all offences involving the death of another, it is a very serious offence carrying significant terms of imprisonment. Unfortunately, it was a case that our client had to plead guilty because there was no viable defence available to him.

Through careful legal research, Mr Devine was able to anticipate recent sentencing decisions that the Prosecutor might seek to rely upon to support a submission that a term of imprisonment was appropriate. With that in mind, Mr Devine analysed the factual matrix and presented all of the mitigating factors in a clear and logical way for the sentencing court.

As it turned out, Mr Devine was correct that the Prosecutor would seek a term of imprisonment during the Sentence Hearing. Ultimately, the Magistrate was persuaded that there were sentencing options other than gaol available. Our client received a substantial financial penalty and a period of licence disqualification. Further, his Honour was also persuaded to exercise his discretion to not record a conviction against our client.

Whilst the consequence of the offence was tragic for the deceased and his loved ones, our lawyers are skilled in putting emotions to one side and advocating the best possible outcome for our clients.

Going to court? When it matters, make sure that Conditsis Lawyers is in your corner by calling 02 43 245688

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