SA was charged with seven offences, namely, (1) ‘Menacing driving’, contrary to section 118(1) Road Transport Act 2013, (2) ‘Negligent driving’, contrary to section 117(1)(c) Road Transport Act 2013, (3)’Stop on path/strip’, contrary to section 197(1) Road Rules 2014, (4) ‘Not give particulars to other driver’, contrary to section 287(1) Road Rules 2014, (5) ‘Common Assault’, contrary to section 61 Crimes Act 1900, (6) Stalk/intimidate intend fear physical harm’, contrary to section 13(1) Crimes (Domestic and Personal Violence) Act 2007, and (7) Use of offensive weapon with intent to commit indictable offence’, contrary to section 33b(1)(A) Crimes Act 1900.
SA sought Chris Cole’s legal advice and representation. Chris successfully negotiated a plea offer that SA would enter pleas of guilty to menacing driving, common assault and park on nature strip on the basis that the remaining offences were to be withdrawn.
At Sentence, Chris tendered various medical materials and made oral submissions, primarily focusing on SA’s mental state and nexus between his mental state and his offences. The Sentencing Magistrate accepted these materials and found that SA’s moral culpability was significantly reduced, due to his mental illness. The Magistrate placed SA on a Community Corrections Order for 6 months with respect to the common assault, and on another Community Corrections Order for 14 months with respect to menacing driving, which was to be served concurrently. The Magistrate convicted SA with no further penalty with respect to park on nature strip. The Magistrate also disqualified SA from driving only for a period of 12 months, that being the minimum period of disqualification for his offence.
This is a very pleasing result for SA as it allows him to comply with his medication regime.