Our client had been represented by another firm in the Local Court, where he pleaded not guilty to Negligent Driving Occasioning Grievous Bodily Harm. He was nevertheless found guilty and sentenced to a Community Correction Order. After reviewing the case in full, we advised that the decision was not supported by the evidence and recommended an all grounds appeal to the District Court.

An all grounds appeal requires demonstrating that the magistrate’s conclusion was not open on the evidence. After thoroughly preparing detailed written submissions, and advancing those submissions in Court, we argued that the magistrate failed to consider a reasonable possibility that the other driver was speeding and was in fact responsible for the collision. Because that possibility could not be excluded, our client could not lawfully be found negligent.

The District Court accepted our submissions and set aside the conviction.

Outcome: Conviction overturned on appeal.