Roosters’ Sandon Smith charged with negligent driving causing grievous bodily harm

[bondi.boy]

Seeing this case, and only having "$10" for legal fees, I'd be well advised to ride the bus and train from now on, and give up driving.
But public transport can be very inconvenient at times, take "hours", and not always go exactly where you want to go without a lot of walking, especially outside the Eastern Suburbs.

[bondi paul]

So our halves coach also to a driving instructor ?

[King Salvo]

Does the guilty plea come with a criminal conviction?

Is the plea deal a legal document?
One that's written down and binds the judge to its terms?
Because in America.....
×××
If I were Sandon, no way I'd be pleading guilty unless the plea deal is a legal document, with the punishment set out in it clearly and is 'airtight', 'watertight'...and no prison sentence possible.
ie: the plea deal is not just a guide for the judge.

Plea deals are legal - negotiated between the DPP and the Defendants legal representative.

The Court may accept a plea bargain if it aligns with public interest. In making its decision, the Court must consider the following matters:

1. The alternative charge adequately reflects the essential criminality of the conduct and the pleas provides adequate scope for sentencing; and/or
2. The evidence available to support the prosecution case is weak in any material respect; and/or
3. The saving of cost and time weighed against the likely outcome of the matter if it proceeded to trial is substantial; and/or
4. It will save a witness, particularly a victim or other vulnerable witness, from the stress of testifying in a trial and/or a victim has expressed a wish not to proceed with the original charge or charges.

Moreover input from the victim will be sought. Whether the victim considers the plea bargain to be acceptable is not determinative, however, it will be taken into consideration.

The Court cannot accept a plea bargain where:

1. Acceptance would produce a distortion of the facts and create an artificial basis for sentencing; or
2. Facts essential to establishing the criminality of the conduct cannot be relied upon; or
3. The accused person intimates that he or she is not guilty of any offence.

Once charged with a criminal offence, it is up to you (or your lawyer) to consider the strength of the evidence against you.

If the case against you is strong, you (or your lawyer) may wish to enter ‘plea negotiations’ to:

• Reduce the seriousness of the charges against you,
• Reduce the number of charges against you,
• Get the prosecution to amend the ‘facts’ that are brought before the court, and/or
• Get the prosecution to make certain ‘concessions’ eg that you entered a plea of guilty early and are entitled to the full ‘discount on sentence’, that your role was very low in the incident etc.

[bondi.boy]

Reckon this is likely or best case ?

Does the guilty plea come with a criminal conviction?

Is the plea deal a legal document?
One that's written down and binds the judge to its terms?
Because in America.....
×××
If I were Sandon, no way I'd be pleading guilty unless the plea deal is a legal document, with the punishment set out in it clearly and is 'airtight', 'watertight'...and no prison sentence possible.
ie: the plea deal is not just a guide for the judge.

[bondi.boy]

Finally someone with some sense.

A momentary error of judgement can see a driver off to prison for *sure and certain.*
In that moment, if someone dies for example.

[HDTONE]

Plea deal for a guilty plea as a plea will be entered on November 15- reduced fine and maybe a section 10 - his lawyer is a former Police Prosecutor

Reckon this is likely or best case ?

[Carlos Parra]

He needs to give Dan Andrews a call.

[Carlos Parra]

Schmuck!

It’s all part of the operation to get Hunt to the club.

The wheels are in motion….

Instead of playing charades, it would be easier to sack him because he is useless.

[On the Nose]

Sandon Smith, who did not appear in Downing Centre Local Court on Friday for the first mention of the case, is accused of edging an Audi he was driving out a driveway without giving way, which was hit by another car causing his car to hit the pedestrian, in Vaucluse in March.

“Officers attached to Eastern Suburbs Police Area Command arrived and found an Audi sedan, Toyota SUV and Mazda SUV had collided after the driver of the Audi, a 21-year-old man, allegedly failed to give way,” police said.

On Friday no plea was entered on Smith’s behalf and the matter was adjourned until next month. His lawyer David Newham said the NRL player would enter a plea to the charge in November.

The 21-year-old is on holiday in Japan.

The term edging used again so one can assume the parked truck hindered Sandon Smith's view - see section (3) (c) below - mitigating circumstances ?

NSW Road Transport Act 2013 - Section 117 - Negligent, furious or reckless driving

Section 1 - (1) A person must not drive a motor vehicle on a road negligently.

(b) if the driving occasions grievous bodily harm --20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence)

Section 2 - A person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.

Maximum penalty - 20 penalty units or imprisonment for 9 months or both (in the case of a first offence) - 20 points equates 20 x $110.00 - $2200.00

Section 3 In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following

(a) the nature, condition and use of the road on which the offence is alleged to have been committed,

(b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road.,

(c) any obstructions or hazards on the road (including, for example, broken down or crashed vehicles, fallen loads and accident or emergency scenes).

Section 4 - "grievous bodily harm" includes any permanent or serious disfigurement.


For Negligent driving occasioning grievous bodily harm charges The Police would need to prove beyond reasonable doubt that

1. You drove negligently;
2. On a road or road related area; and (for offences occasioning serious injury only)
3. By reason of your negligent driving grievous bodily harm (really serious harm) was occasioned to another.

If Sandon agrees he has committed the offence he would be best to plead guilty as it shows remorse and contrition . An experienced defence lawyer will be able to negotiate with the prosecution for Sandon to plead guilty to less serious facts and a less serious charge

Mandatory disqualification from driving is 12 months

Section 10 is also an option as part of a plea deal - you are guilty and sentenced by the court but no conviction is recorded and you get to keep your driving licence


Sandon's lawyer David Newham is a former Police Prosecutor / Now Criminal Lawyer and Actor - Graduate of The American Academy of Dramatic Arts in Hollywood in 2005 and a member of the Screen Actors Guild since 2006.

Pleading guilty doesn't show remorse, it shows you are guilty or have a dud lawyer. There is enough grey area reported (multiple cars, inching, edging) in this case to suggest no chance of this happening. The definition of negligence under the Crimes Act shows a simple photo of Hutch running out as centre against Chricton a few years back.

[King Salvo]

Thing is this happened in March and charged in Sept. Next court date is November 15 and no pleas entered.

How long does this go on for ? I'm guessing if they start lawyering up then it might drag on. Still like I've said the kids 21 he's got these legal troubles and IF it goes into March, April or whatever next year then where's his head at ? Btw thats not having a shot you'd understand that having legal shit hanging over can make you lose focus. Plus the Integrity Unit they still have to look at it.

Bloody mess, but thinking of the kid and hopefully tey guy that got struck makes a recovery. What the victim has to say is gonna be crucial.

Plea deal for a guilty plea as a plea will be entered on November 15- reduced fine and maybe a section 10 - his lawyer is a former Police Prosecutor

[King Salvo]

Now today the D Tele is reporting there were three cars involved, an Audi sedan, Toyota Suv, and Mazda Suv collided.
DT reports that the maximum potential penalties for the charge if Smith pleads guilty or is found guilty are, a 9 month prison term, a $2,200 fine, and a licence disqualification.
No mention of the truck blocking his view.

IMO he needs the best lawyers he can afford, including SCs, the 'old' QCs.
There's a prison sentence on the table.
If he can't afford the best legal representation maybe the Club could lend him some money.

Sandon Smith, who did not appear in Downing Centre Local Court on Friday for the first mention of the case, is accused of edging an Audi he was driving out a driveway without giving way, which was hit by another car causing his car to hit the pedestrian, in Vaucluse in March.

“Officers attached to Eastern Suburbs Police Area Command arrived and found an Audi sedan, Toyota SUV and Mazda SUV had collided after the driver of the Audi, a 21-year-old man, allegedly failed to give way,” police said.

On Friday no plea was entered on Smith’s behalf and the matter was adjourned until next month. His lawyer David Newham said the NRL player would enter a plea to the charge in November.

The 21-year-old is on holiday in Japan.

The term edging used again so one can assume the parked truck hindered Sandon Smith's view - see section (3) (c) below - mitigating circumstances ?

NSW Road Transport Act 2013 - Section 117 - Negligent, furious or reckless driving

Section 1 - (1) A person must not drive a motor vehicle on a road negligently.

(b) if the driving occasions grievous bodily harm --20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence)

Section 2 - A person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.

Maximum penalty - 20 penalty units or imprisonment for 9 months or both (in the case of a first offence) - 20 points equates 20 x $110.00 - $2200.00

Section 3 In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following

(a) the nature, condition and use of the road on which the offence is alleged to have been committed,

(b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road.,

(c) any obstructions or hazards on the road (including, for example, broken down or crashed vehicles, fallen loads and accident or emergency scenes).

Section 4 - "grievous bodily harm" includes any permanent or serious disfigurement.


For Negligent driving occasioning grievous bodily harm charges The Police would need to prove beyond reasonable doubt that

1. You drove negligently;
2. On a road or road related area; and (for offences occasioning serious injury only)
3. By reason of your negligent driving grievous bodily harm (really serious harm) was occasioned to another.

If Sandon agrees he has committed the offence he would be best to plead guilty as it shows remorse and contrition . An experienced defence lawyer will be able to negotiate with the prosecution for Sandon to plead guilty to less serious facts and a less serious charge

Mandatory disqualification from driving is 12 months

Section 10 is also an option as part of a plea deal - you are guilty and sentenced by the court but no conviction is recorded and you get to keep your driving licence


Sandon's lawyer David Newham is a former Police Prosecutor / Now Criminal Lawyer and Actor - Graduate of The American Academy of Dramatic Arts in Hollywood in 2005 and a member of the Screen Actors Guild since 2006.

[Bondicigar]

If Sandon Smith is leading the Roosters into the future , the future don't look too bright!
That's without even considering these charges

[HDTONE]

Thing is this happened in March and charged in Sept. Next court date is November 15 and no pleas entered.

How long does this go on for ? I'm guessing if they start lawyering up then it might drag on. Still like I've said the kids 21 he's got these legal troubles and IF it goes into March, April or whatever next year then where's his head at ? Btw thats not having a shot you'd understand that having legal shit hanging over can make you lose focus. Plus the Integrity Unit they still have to look at it.

Bloody mess, but thinking of the kid and hopefully tey guy that got struck makes a recovery. What the victim has to say is gonna be crucial.

[Vasco]

Sack him now and get on the phone to Ben Hunt's manager.

You're a nice guy.

[Vasco]

Could have been accidental, unlucky or momentary error of judgement while driving. Only charged at this time which is procedural. Give him a break.

Finally someone with some sense.