Reckless Conduct Endanger Serious Injury
Charges
Conduct Endangering Life; Conduct Endangering Serious Injury; Dangerous Driving (for more info on these charges click here). Frankston Magistrates’ Court.
Facts
The client was travelling in the back seat of a car in which the front passenger had taken a video of the car travelling at speeds of up to 240 km/hr. The video captured everybody in the car laughing and encouraging the driver to speed.
The question was, at what point did our client stop encouraging the driver? There was a strong argument that our client was encouraging, aiding and abetting the driver to drive at speeds of 185 km/hr in a 100 km/hr zone. But once the car reached 185 km/hr she made no further sound. As there was definite encouragement up to 185 km/hr there was a choice to make. She could either face a charge of Reckless Conduct Endanger Serious Injury or Dangerous Driving.
A plea of guilty to the charge of Dangerous Driving at that speed attracts a minimum penalty of 12 months suspension. Reckless Conduct Endanger Serious Injury attracts no minimum period of time off the road and no demerit points. The first charge is far less serious (summary offence) but the second charge (an indictable charge and capable of being heard before a jury) means the client could potentially keep her licence. The client decided to face the more serious charge and keep her licence.
Result
12 month good behaviour bond, $500 donation to charity and no loss of licence. This was an excellent outcome considering the speeds involved. The record will not be referred to in Victoria after 10 years and was without conviction. In some cases, holding onto a licence is simply the most important factor.
