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Dangerous operation of a vehicle causing death discontinued following committal hearing

On the 6th of July 2022 our client was charged with one count of dangerous operation of a vehicle causing death or grievous bodily harm, whilst under the influence.

The alleged offending involved our client driving a ute, which, unbeknownst to our driver, had three males jump on the back tray after drinking at the local pub. As he drove off, one of the men fell off and hit the road. He succumbed to his injuries.

Our client was charged with dangerous driving causing death. Our client had his alcohol reading taken by police. His blood alcohol level was over 0.15%.

The client was referred to Alan Phillips for legal representation before the Cunnamulla Magistrates Court. Upon a brief of evidence being disclosed to our office to review, legal advice was provided, and our client instructed us to proceed to a committal hearing. Scott Lynch of Counsel was briefed. In June 2023, the hearing was heard before Magistrate Elliott in the Charleville Magistrates Court during which 9 witnesses were cross examined.

Submissions were made following the evidence that our client had no case to answer, given the lack of evidence of any dangerous conduct. It was submitted that our client driving off, despite being intoxicated, was not inherently dangerous. The Presiding Magistrate formed the view there was no case for our client to answer, and as a result, the charge was dismissed and our client was discharged.

If you or someone you know are charged with a criminal offence, contact our office on 0731800158 for prompt and effective legal advice.

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