R v STANYARD [2012] NSWDC 78

R v STANYARD [2012] NSWDC 78

The accused was found guilty because, beyond reasonable doubt, he drove at such a speed (at least 22.6 kilometres per hour) that his vehicle became airborne as it crested a sand dune, causing it to rotate forward and overturn, resulting in grievous bodily harm to the passengers. This manner of driving constituted a serious breach of reasonable driving conduct and was objectively dangerous to the passengers.

Jurisdiction
Australia
Judgment Date
25 May 2012
Procedural Posture
Criminal / Verdict in Judge Alone Trial
Outcome
Verdict of guilty
Legal Topics
['dangerous Driving' 'grievous Bodily Harm' 'judge Alone Trial' 'vehicle Rollover']
['criminal Law'] ['dangerous Driving' 'grievous Bodily Harm' 'judge Alone Trial' 'vehicle Rollover']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Verdict in Judge Alone Trial

Legal Issues

  1. 1 ['Whether the accused was driving a motor vehicle in a manner dangerous to another person immediately before it overturned, causing grievous bodily harm.']

Ratio Decidendi

The accused was found guilty because, beyond reasonable doubt, he drove at such a speed (at least 22.6 kilometres per hour) that his vehicle became airborne as it crested a sand dune, causing it to rotate forward and overturn, resulting in grievous bodily harm to the passengers. This manner of driving constituted a serious breach of reasonable driving conduct and was objectively dangerous to the passengers.

Court Disposition

Verdict of guilty

Orders

  • []