Father Of Former Police Minister On the Wrong Side Of The Law

Father Of Former Police Minister On the Wrong Side Of The Law

Father Of Former Police Minister On the Wrong Side Of The Law

THE STORY

Late last month Kenneth Grant, aged 70, was charged with a hit-and-run which led to a fatality. According to the Sydney Morning Herald, it is alleged that Mr Grant was driving along Flat Road, Bolwarra before striking the late Tony Greenfield with his Mazda BT50. In addition to the accident, its alleged that Mr Grant then fled the scene and traveled down Paterson Road where a pursuit took place shortly after with NSW highway patrol following Mr Grant. The pursuit concluded after Mr Grant mounted the pedestrian footpath.

To that end, Mr Grant was then arrested and escorted to Maitland Police station where he was breathalyzed and charged with mid-range PCA, police pursuit and reckless driving. During this pursuit, medical services were called to the scene where Mr Greenfield had been left and was quickly taken to John Hunter Hospital. Sadly, Mr Greenfield was declared dead. According to Seven News, Mr Grant was granted conditional bail and required to report twice weekly to the Police.

THE LAW

Mr Grant was charged with the following offences:

Police pursuit pursuant to Section 51B of the Crimes Act 1900 (NSW)

The law states that it is an offence to:

drive a motor vehicle negligently, recklessly or at a speed or in a manner that is dangerous to any person in order to escape pursuit by a police officer or to cause a police officer to engage in a pursuit”.

What must the prosecution prove?

The law states the prosecution must prove the following elements beyond reasonable doubt:

  1. The driver knew, ought reasonably to have known or has reasonable grounds to suspect that police officers were in pursuit;
  2. The driver knew, ought reasonably to have known or has reasonable grounds to suspect that the driver was required to stop the vehicle;
  3. The driver did not stop the vehicle; and
  4. The driver subsequently drove the vehicle recklessly or at a speed or in a manner dangerous to others.

To learn more about police pursuit, please click here. Alternatively, if you or someone you know has been involved in an offence of this nature contact our office to speak to one of our Sydney Criminal Lawyers who can provide you with further information.

Furious or Reckless driving pursuant to Section 53 of the Crimes Act 1900 (NSW) and Section 117(2) of the Road Transport Act 2013

Pursuant to Section 53, the law states that it is an offence to:

“whosoever, being at the time on horseback or in charge of any carriage or other vehicle, by wanton or furious riding, or driving or racing, or other misconduct, or by willful neglect, does of causes to be done to any person any bodily harm, shall be liable to imprisonment for two years.”

Pursuant to Section 117(2), the law states:

“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”.

What must the prosecution prove?

The prosecution must prove beyond reasonable doubt the following elements:

  1. That you were driving a car;
  2. That you were doing so in a way which was furious, reckless or at a speed or in a manner dangerous to the public;
  3. As a result, you have caused grievous bodily harm. (This is only applicable to offences under Section 53 of the Crimes Act 1900 (NSW).

To learn more about furious driving, please click here. Alternatively, if you or someone you know has been involved in an offence of this nature contact our office to speak to speak to one of our Sydney Criminal Lawyers who can provide you with further information.

MAXIMUM PENALTIES

Police pursuit

The maximum penalties that are applicable are as follows:

  1. First time offender can receive a maximum of 3 years imprisonment; or
  2. Second or subsequent offender can receive a maximum of 5 years imprisonment.

Furious or Reckless driving

The maximum penalties that are applicable are as follows:

  1. First time offender pursuant to the Crimes Act is liable to face a maximum of 2 years imprisonment; or
  2. Pursuant to the Road Transport Act, the maximum penalty for a first offence is 9 months imprisonment with a minimum disqualification period of 6 months.

STATISTICS

According to the Judicial Information Research System (JIRS), the following statistics with respects to Mr Grants age and prior record.

Police pursuit

Out of 4 cases of people aged over 50 for a first offence, 1 person was sentence to imprisonment, 1 were dealt with by way of a Correction Release Order (‘CRO’) and 2 by a Conditional Release Order (‘CCO’).

Out of 1 case of a person over the age of 50 for a subsequent offence, the offender was sentenced to imprisonment.

Furious or Reckless driving

Out of 2 cases of people aged over 50 for a first offence, 1 was dealt with by way of a CRO with no conviction and one with conviction.

To learn more about CRO and CCO convictions, click here.

ROLE OF NATIONAL CRIMINAL LAWYERS®

Our experience and knowledge in dealing with these matters is second to none. With 94% non-conviction recorded and 72% of charges withdrawn, National Criminal Lawyers® are the best defenders for your rights. If you have been charged with offences of this or a similar nature contact us or alternatively, visit our website.

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