Case Study

Our client was charged with exceeding the speed limit by 45km/h. We successfully defended our client’s matter with a Sudden or Extraordinary Emergency Defence under Section 322R of the Crimes Act 1958 (VIC). While the Magistrate presiding over the matter found that the charge of exceeding the speed limit by 45km/h was proven beyond reasonable doubt, they also accepted that our client reasonably believed that there was an emergency, and that their conduct was a reasonable response to the circumstances. The Magistrate found our client not guilty by virtue of the Defence of Sudden or Extraordinary Emergency. In addition to our client's finding of not guilty, the Magistrate also granted our Application that the Chief Commissioner was to pay for our client’s legal fees.