Sexual Touching
What is Sexual Touching?
If police allege that you intentionally sexually touched another person and it was not with the consent of that person, you can be charged with ‘Sexual touch another person without consent’. This is governed under Section 61KC Crimes Act 1900 (NSW).
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Our dedicated criminal lawyers have experience in running District Court Jury Trials with some of the most skilled barristers in NSW.
When to reach out to a criminal defence lawyer
Given the extremely severe penalties available to the court if found guilty of this offence, we strongly recommend you contact our passionate, expert criminal lawyers who have experience in handling matters of this severity.
Our team have experience in these cases and have been successful in securing favourable outcomes for our clients. We are available 24/7 to discuss your case in more detail.
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FAQ
What is ‘Negligent Driving’?
Negligent Driving is where a person is deemed to have been driving ‘without the due care and attention reasonably expected of the ordinary prudent driver’.
Will I lose my licence if charged with Negligent Driving?
Where there is no injury or death, you will not face any disqualification period.
However, if there is death or injury occasioned, you will be looking at between 1-2 years disqualification.
Will I lose my licence if charged with Dangerous Driving?
If you are convicted of the offence, the starting point is between 1-3 years of disqualification. This increases where it is your second or a subsequent major traffic offence within the last 5 years.
Having a traffic lawyer on your side is crucial when trying to reduce the disqualification period as far as possible.
Can I defend the charge of Negligent or Dangerous Driving?
Yes. Some of the available defences are as follows:
- Mistaken identity – it was not you driving;
- You were not driving in the manner police alleged you were;
- Your driving did not cause death or grievous bodily harm to another;
- The manner you drove was due to a mechanical defect/failure of the vehicle (ie the vehicle defected which caused you to lose control and in no way due to any fault of you)
- Duress or necessity.
Is there a benefit to Pleading Guilty?
You will receive a mandatory 25% discount on sentence in circumstances where you plead guilty at the earliest opportunity.
Feel free to contact our team to arrange a free consultation to discuss how to maximise your chances at avoiding a disqualification and conviction.
What do police have to prove for Negligent Driving?
Police need to prove that you:
- Drove a vehicle; and
- You did so negligently.
Where it is alleged that you have occasioned grievous bodily harm or death, the police need to prove that this happened as a result of your negligent act.
What is ‘Dangerous Driving’?
Section 117(2) states that a person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manger dangerous to the public.
Your driving must have ‘create[d] a danger, real or potential, to the public’.
The court will have regard to:
- The nature and condition of the roadway that the offence is alleged to have occurred;
- The level of traffic on the road (whether it was at night, or peak hour etc);
- Any hazards or obstructions on the road at the time.
What are the maximum penalties?
- Negligent Driving (s117(1)(c)) – $1,100 fine.
- Negligent Driving occasioning death (s117(1(a)) – $3,300 and/or 18 month imprisonment.
- Negligent Driving occasioning grievous bodily harm (s117(1(b)) – $2,200 and/or 9 months imprisonment.
- Dangerous Driving (s117(2)) – $2,200 fine and/or 9 months imprisonment.
Should I enrol in the Traffic Offenders Program?
We recommend engaging in an approved Traffic Offenders Program in circumstances where you are pleading guilty.
By engaging in an accredited program, this will significantly improve your chances at avoiding time off the road. Our expert criminal lawyers can guide you on the right course to maximise your chances at the best possible outcome.
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Contact our office today to arrange a free consultation with one of our lawyers to discuss your upcoming court proceedings.
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