Not Guilty of Negligent Driving Occasioning Grievous Bodily Harm and Costs Ordered Against Police

Our client is a 21 year old University student from Sydney’s eastern suburbs.

At approximately 3pm on a weekday, our client was driving in the Sydney CBD. He was following a line of vehicles making a right turn on a green light, however there was no green arrow.

A motorcyclist was travelling in the opposite direction.

As our client was turning right the motorcyclist collided with our client’s vehicle. The rider was ejected from the bike and flew over the car before sliding 15 metres along the ground.

Police and ambulance were called and the motorbike rider was transported to hospital where he was treated for numerous scrapes, bruises and a deep laceration to his left knee. The laceration was approximately 30 centimetres.

Medical records from the hospital also suggested that he may have suffered fractures to bones in his hand, wrist and knee.

Our client was charged with Negligent Driving Occasioning Grievous Bodily Harm. If found guilty, he would have been facing a term of imprisonment and a lengthy disqualification.

After consulting various other law firms who told him he must plead guilty, our client came to us.

We took a different view.

Based on the medical material and the leading case on the definition of ‘Grievous Bodily Harm’, we believed that the rider’s injuries did not meet that definition.

Our client also told us he thought the motorcyclist was speeding. We were able to obtain CCTV footage from near the incident which appeared to show the rider travelling at speed and making no attempt to slow down before the crash.

The CCTV was also in contrast to the statement the motorbike rider gave to police.

We prepared a thorough cross-examination of the motorcyclist, designed to effectively diminish his credibility.

We also prepared detailed submissions on the injury not amounting to grievous bodily harm.

The matter proceeded at the Downing Centre.

In the result, the charge was dismissed against our client. We then made an application for costs against Police which was granted.

Both the client and his family were extremely grateful as he was able to beat the charge, keep his licence and continue driving.