It must have been the act of culpable driving that caused the death, not simply the act of driving. You therefore cannot find that NOA was grossly negligent due to the way s/he drove whilst asleep.However, that does not mean that you must acquit him/her if you find that s/he was asleep at the time of the collision. In this case, that means that you must find that it was NOA’s gross negligence that caused NOV to die. Copyright © 2020 Armstrong Legal Sydney. Really appreciate her time.
I highly recommend Armstrong Legal Lawyers, and in particular Ms Cara Maynard.
She was the one that saw a glimmer of hope in my case while the rest of the legal team didn't.
All rights reserved. You do not need to find that the death was caused by the effects of the [alcohol / drugs] on NOA’s ability to control the vehicle. The source of the data is Victoria Police Law Enforcement Assistance Program (LEAP). Culpable driving causing death was the principal offence in 0.7% of cases sentenced in the higher courts between 2009–10 and 2013–14. [If it is alleged that the death was caused by intervening acts, add the following darker shaded section.]. In this case you have heard evidence that, when s/he was tested by police, the accused had a blood alcohol concentration of [insert blood alcohol concentration], which is above the [0.00 or 0.05] statutory limit for driving. We're extremely happy to recommend his services. Greatly reduced the stress of an unexpected event. To summarise, before you can find NOA guilty of culpable driving causing death, the prosecution must prove to you, beyond reasonable doubt: One – That NOA was driving a motor vehicle; and, Two – That NOA’s driving was culpable – that is, s/he drove [recklessly / with gross negligence / whilst so affected by alcohol/drugs as to be incapable of having proper control of the vehicle]; and. In deciding whether this element has been met, you should therefore consider the degree of control which NOA had over the vehicle. The Armstrong Legal team was very quick to support my application even providing guidance on Sunday to help me with a very good outcome to my legal matter. Reviewed 26 February 2019. I rang around for a lawyer,One lawyer said I had know chance besides a mandatory sentence.Go to court referred me to Courtney AshtonCourtney was professional, easy to talk to, and most of all understanding.Thankyou Courtney. A charge of Culpable Driving Causing Death will ordinarily result in a custodial sentence with a period of time spent in jail, though this is not inevitable.
Jonathan helped me through my tricky situation with his awesome knowledge and confidence, we turned around the hardest case to the best scenario and still appreciate it to this day.
Where the offence was alleged to have been committed between 13 October 2004 and 18 March 2008, "dangerous driving causing death or serious injury" should be left as an alternative. Mr. Hempsall gave me a personal assessment during the first interview and this proved to be true.
This will only be the case if that act was committed sufficiently close in time to the collision to be regarded as the cause of any harm inflicted while s/he was asleep.
Mr Singh didn’t speak and kept his head down during the hearing in Melbourne Magistrates Court on Monday. I totally recommend him and Armstrong Legal. I would highly recommend Aurhett Barrie for his very vaulable and professional advice to my case. Three - the culpable driving caused the victim’s death. She treated me and my family with respect and was very sensitive to the emotions and stress we were experiencing. Trudie Cameron Senior Associate at Armstrong Legal represented my son recently on a federal charge.When we first met Trudie she made us feel very comfortable by fully understanding our stressful situation and by demonstrating and explaining her extensive knowledge of the law and in particular the specific charge relating to this matter.Trudie managed the journey from day 1 up till the final hearing, which was professionally presented to the magistrate and all charges dropped.I have no hesitation in recommending Trudie Cameron to anyone requiring criminal law representation. If you have a criminal matter, and you need someone that will fight for you and fight to get the best outcome in your case, then Ms Maynard is the lady to help you.
As I mentioned earlier, a person cannot be held responsible for acts s/he commits involuntarily.This element will therefore not be satisfied if you decide that it was the acts of the accused whilst asleep that caused NOV’s death.
Scott from Armstrong did an incredible job in the court and the assistance I received from Scott and the team pre-hearing were exemplary. [Insert relevant example from the evidence.]  A "significant departure" from the standard of care required is not sufficient. A charge of Culpable Driving Causing Death will ordinarily result in a custodial sentence with a period of time spent in jail, though this is not inevitable. Was a great outcome.
The most common sentence was imprisonment (87%), followed by a youth justice centre order (6%), a wholly suspended sentence (6%) and a non–custodial supervision order (1%). In every respect - from their legal advice to their professional skills and approach - they were faultless. i had great legal service from Armstrong.
Thank you to Serena for assisting over the past year or so, you have been professional, friendly and above all else made the process as stress free and easy as possible. In determining whether the accused’s actions were grossly negligent, you may only take into account his/her voluntary actions. I felt in good and safe hands right from the start.
He and his firm were a saving grace for me in a time when I needed it most. The defence denied this, arguing that [insert defence evidence and/or arguments].It is only if you are satisfied, beyond reasonable doubt, that what NOA was doing was "driving", that this first element will be met. We can guide you through the process while dealing with the various authorities related to your matter. Driving While Disqualified / Suspended / Cancelled or Unlicenced, 10 Practical tips for self representation in court, Application to shorten or remove licence disqualification, Drive while suspended for nonpayment of fine, Refusal or Failure to Provide Samples or Preventing Sample Taking, Use or Attempted Use of a Vehicle Under the Influence of Drugs, P1, P2 and Learner Licence Suspensions – For Offenders and Parents, Likely Penalties for Mid Range Drink Driving, Likely Penalties for Novice Range Drink Driving, Likely Penalties for Special Range Drink Driving, Negligent Driving Occasioning Grievous Bodily Harm, Failing to Nominate the Driver of a Vehicle, Speeding Trucks – Heavy Vehicle Speed Limiters, The Heavy Vehicle National Law and Regulator, 10 Practical Tips For Representing Yourself In Court, Aggravated Dangerous Operation of a Motor Vehicle, Removing A Disqualification Of Your Driver Licence, Driving in a Manner Which is Dangerous to the Public, Dealing With a Speeding Fine and Points (VIC), Hoon Driving Offences and Vehicle Impoundment, Drink Driving Offences in Western Australia, Serious Traffic Offences in Western Australia, Fraudulent Misappropriation of Funds (NSW), Obtaining Property by False Pretences (NSW), Dishonest Statements With Intent to Deceive Members (NSW), Head Office: Level 35, 201 Elizabeth Street, Sydney NSW 2000. My sentence was about half that I expected. i ended up having anastasia who was absolutely amazing not only with how professional she was but with the outcome she ended up getting my self at the end of it. From the beginning he and his team at Armstrong legal were professional, friendly and knowledgeable, always kept in contact checking up on my progress with all my necessary documents ensuring I was best prepared for my day in court. Sound and comprehensive initial advice delivered in a courteous and timely manner. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life.
[If voluntariness is in issue, add the following darker shaded section.
In making this determination, you need to decide whether it was the accused’s acts which caused the death, or whether those acts merely provided the setting for the later acts of [insert intervening acts], which were the true cause of death.  The content of the explanation will vary depending on the basis of culpability alleged in relation to the culpable driving offence. This is because it is possible for the accused to have driven above the speed limit, but not to have driven with gross negligence in the circumstances. I found him to be extremely thorough, thoughtful and considerate throughout the entire court process. Great experience overall having Tyson Brown as my lawyer.
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