Offence: Failing to Stop, Failing to Report and Driving without Due Care and Attention / Careless Driving

Defence: Mitigation

Carl Millar was instructed by Mr O’H who faced disqualification as a result of two separate offences of failing to stop, failing to report and driving without due care and attention / careless driving.

Regarding the incident, Mr O’H had reversed into another vehicle and caused damage to that vehicle.
The Magistrates Court Sentencing Guidelines suggest the imposition of 3-9 penalty points for driving without due care and attention, or a period of disqualification. For failing to stop, the Magistrates Court Sentencing Guidelines suggest the imposition of between 5-10 penalty points endorsed on a driving licence, or a disqualification. For failing to report, the Magistrates Court Sentencing Guidelines suggest the imposition of between 5-10 penalty points, or a disqualification.

We argued the totality principle as all three offences arose out of one event. The Court were persuaded by this argument and imposed the minimum amount of points in the circumstances, which was 5 penalty points.

Naturally, Mr O’H was delighted with the outcome.