JM was initially charged with a number of serious driving-related offences, namely, ‘Police pursuit- not stop- drive dangerously’, contrary to section 51B(1) Crimes Act 1900, ‘Exceed speed over 20km/h’, contrary to section 20 Road Rules 2014, ‘Dangerously driving occasioning grievous bodily harm’, contrary to section 52A(3)(c) Crimes Act 1900, ‘Negligent driving occasioning grievous bodily harm’, contrary to section 117(1)(b) Road Transport Act 2013, ‘Cause bodily harm by misconduct’, contrary to section 53 Crimes Act 1900, ‘Owner not disclose identity of driver or passenger’, contrary to section 17(1) Law Enforcement (Powers and Responsibilities) Act 2002 and ‘Not give particulars to police’, contrary to section 287(1) Road Rules 2014.
Pleas of guilty were entered to the charges of ‘Police pursuit- not stop- drive dangerously’, ‘Excess speed’, ‘Cause bodily harm, in charge of motor vehicle‘, and ‘Aggravated dangerous driving’. The remaining charges were withdrawn. JM was sentenced to an aggregate term of imprisonment of 3 years.
Chris Cole lodged a Severity Appeal in the District Court on JM’s behalf. An updated Sentence Assessment Report was ordered and the matter was adjourned for further Hearing and determination. The Severity Appeal was then listed for Judgment, on which occasion the Judge allowed the appeal, re-sentencing JM to an aggregate term of imprisonment of 2 years, 6 months with a non-parole period of 1 year 8 months.
This is a significant reduction in sentence and a very pleasing result for JM.