Our client had been boating in South East Queensland waters for decades, with no criminal history and a clean record on the water.
Just after 4am one morning, heading out to sea in the dark, his boat was hit from behind on the right by another boat coming down the channel.
A year later, Maritime Safety Queensland charged him over the collision. The maximum penalty was a year in jail. ezylegal built his defence, negotiated a plea, and the court recorded no conviction.
At a glance
- Problem: A recreational skipper was charged after another boat collided with his in the dark, and faced a criminal record.
- Claim against: A prosecution by Maritime Safety Queensland, part of the Department of Transport and Main Roads.
- Legal basis: A charge under the Transport Operations (Marine Safety) Act 1994 (Qld) for breaching the collision rules on safe speed, lookout and giving way.
- Result: A negotiated plea, with no conviction recorded.
A collision in the dark
Our client left his canal before dawn, with his navigation lights on. He slowed and gave way to one boat, checked the water was clear, and picked up speed to cross the channel and head out to sea.
Seconds later, a second boat hit the back corner of his. He was thrown across his boat and injured.
He did everything right afterwards. He called the Coast Guard, checked whether anyone was in the water, and made sure the other skipper was okay. The other skipper kept fishing.
Building the defence
The prosecution said our client was going too fast, wasn’t keeping a proper lookout, and failed to give way to a boat on his right.
ezylegal went through the prosecution’s brief of evidence and the GPS data from both boats, and briefed a barrister. We also got an independent report from a marine expert. The evidence told a different story:
- the GPS data showed the other boat was going faster than our client’s at the moment of impact
- a marine officer heard the other skipper say his all-round white light wasn’t fitted that night
- on his own account, the other skipper was looking down at a crab pot just before the collision
We sent the prosecutor a formal submission asking for the charge to be dropped, along with the expert report.
The outcome
That pressure opened the way to a negotiated plea. Supported by character references from the boating community, our client was sentenced with no conviction recorded.
He walked away without a criminal record.
What happens if I’m charged after a boating accident?
You’ll usually face a charge in the Magistrates Court for breaching the collision rules, and you can defend it or negotiate the outcome.
Being charged doesn’t mean you’ll be convicted. GPS records, lighting, the other skipper’s conduct and expert evidence can all change the picture. Even where a plea makes sense, a court can decide not to record a conviction, which matters for your record, your job and your travel.
If you’re facing something similar
If you’ve been involved in a boating collision or received a charge:
- save your GPS and sounder data straight away, before it’s overwritten
- photograph the damage to both boats, and your injuries
- write down what happened, including lights, speeds and weather, while it’s fresh
- get the names of any witnesses, including Coast Guard contacts
- get legal advice before you give a formal interview or respond to the charge
The sooner you get advice, the more options you have.