R v Wylie [2020] NSWDC 550

R v Wylie [2020] NSWDC 550

The proper construction of the aggravated provision under s 52A Crimes Act 1900 allows for the 'time of impact' to include a contemporaneous period of dangerous driving immediately preceding the physical impact if it can be established that such period was so nearly contemporaneous as to constitute the cause of death. The Crown is not required to rely upon impact with an object simply because the accused's vehicle struck objects prior to striking the deceased; the death was occasioned by the impact between the accused's vehicle and the pedestrian.

Jurisdiction
Australia
Judgment Date
06 April 2020
Procedural Posture
Criminal / Pre Trial Ruling on Statutory Interpretation and Evidentiary Matters
Outcome
Application declined; pre-trial order sought by accused not made.
Legal Topics
['aggravated Dangerous Driving Occasioning Death' 'statutory Interpretation' 'interpretation of Ss 52 A(5)(c), (d), (6), (7) Crimes Act 1900' 'circumstance of Aggravation' 'speed' 'contemporaneity of Dangerous Driving and Impact']
['criminal Law'] ['aggravated Dangerous Driving Occasioning Death' 'statutory Interpretation' 'interpretation of Ss 52 A(5)(c), (d), (6), (7) Crimes Act 1900' 'circumstance of Aggravation' 'speed' 'contemporaneity of Dangerous Driving and Impact']

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Procedural Posture

Criminal / Pre Trial Ruling on Statutory Interpretation and Evidentiary Matters

Legal Issues

  1. 1 ["Interpretation of 'time of impact' and 'impact with object' under s 52A(5) Crimes Act 1900" 'Whether aggravating factor of speed must be assessed at precise time of impact or can include contemporaneous period' 'Applicability of precedent (Jiminez v The Queen) to circumstances of aggravation in amended provision']

Ratio Decidendi

The proper construction of the aggravated provision under s 52A Crimes Act 1900 allows for the 'time of impact' to include a contemporaneous period of dangerous driving immediately preceding the physical impact if it can be established that such period was so nearly contemporaneous as to constitute the cause of death. The Crown is not required to rely upon impact with an object simply because the accused's vehicle struck objects prior to striking the deceased; the death was occasioned by the impact between the accused's vehicle and the pedestrian.

Court Disposition

Application declined; pre-trial order sought by accused not made.

Orders

  • ['Declined to make the requested pre-trial ruling as sought at (2) of Notice of Motion.' "Ruled that the 'time of impact' for aggravated dangerous driving occasioning death properly allows the Crown to assess contemporaneity prior to the actual impact, if so nearly contemporaneous as to constitute the cause of...