Counsel Patrick Kelly defends death by Careless Driving case

Patrick Kelly

Counsel Patrick Kelly of Clock Chambers achieved a positive outcome for his client in a Plea and Mitigation Hearing at Nottingham Magistrates Court on 4th January 2021.

The defendant was charged with Causing Death by Careless Driving contrary to S2 of the Road Traffic Act 1988. 

Prior to the hearing, Mr Kelly met the defendant in the company of her husband and confirmed instructions. 

When in court the Defendant was identified and entered a guilty plea. Exemplary character references were provided to the court and Mr Kelly explained what a devastating impact a custodial sentence would have on the defendant due to her domestic circumstances and childcare responsibilities.

In a pleasing result, due to the defendant’s lack of previous convictions and other circumstances, the defendant was awarded full credit for the plea and mitigation was taken into consideration in full by the two Lay Magistrates.  The defendant was sentenced to a 15 month Community Order with 120 hours unpaid work, an 18 month disqualification from driving and ordered to pay costs of £175 within 28 days. 

The defendant was ‘very appreciative and grateful’ that they had avoided prison, and the sentence was further explained by the counsel. 

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