top of page
Search

Dangerous operation of a vehicle causing death discontinued following committal hearing

Phillips Lawyers

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.

31 views0 comments

Recent Posts

See All

Mandatory 2.5 years jail avoided

Alan Phillips of our office was engaged to act for his client who was charged with supplying a short firearm. This offence carries a...

Comments


Ph: (07) 3027 9500

Level 1, Quay Central, 95 North Quay, Brisbane, Queensland

©2025 by Phillips Crawford Lawyers. All rights reserved.

ABN 55638297935

ACN 638 297 935

DISCLAIMER: Everything displayed on this site shall be regarded as general information and in no way should it be interpreted as legal advice. You should contact a lawyer directly regarding your own situation. Note that a lawyer-client relationship will only be established after it's determined that there is no conflict of interest and we have been formally retained.

bottom of page