Our client was a 39-year-old Architect from Hornsby.
It was alleged that our client was speeding 185km per hour in a 110km per hour zone.
Our client was charged with Drive Recklessly, Furiously or in a Speed or Manner Dangerous; a charge that attracts a fine of $2200, or a period of imprisonment of 9 months, or both. This offence also attracts an automatic licence disqualification of 3 years (and can be reduced to 12 months if a need for a licence can be established).
Our client pleaded guilty to the offence. He required his licence for his work as an architect, and he was the principal of his own business. Further, he was a single father and had two children who he would regularly drop off and pick up from school, and transport them to sports training and medical appointments. His son was diagnosed with bipolar.
Prior to the sentencing hearing in court, our senior associate criminal lawyer Fouad Awada advised, assisted, and worked hard for our clients case, our team gathered subjective materials to be used at his sentencing hearing for the Magistrate in order to establish his need for a licence, and to mitigate his penalty.
At the Sentencing Hearing in court, Mr. Awada made lengthy submissions on his behalf and tendered his documents to the court, making reference to each, and the significance of each document.
Whilst we conceded that the offence was serious (and that general and specific deterrence was at the forefront of the court’s mind), Mr. Awada respectfully submitted to the court that a non-conviction order was appropriate. The police opposed the making of this order, especially considering the dangerous speed involved.
After considering the totality of Mr. Awada’s persuasive submissions made to the court, the Magistrate was persuaded not to record a criminal conviction against our client, despite the seriousness of the offending. Our client was placed on a good behaviour bond for a period of 2 years under section 10.
The effect of this also meant that our client was NOT disqualified from driving, and maintained a clean record.