R v Bowman [2015] NSWDC 94

R v Bowman [2015] NSWDC 94

The Crown did not prove beyond reasonable doubt the pleaded impact or that the accused drove in a manner dangerous. The evidence did not establish beyond reasonable doubt that the deceased was on the rear of the car while it was moving, that the accused knew or ought to have known she was on or attached to the car, or the particular mechanism by which she came into contact with the vehicle or road. The accused's account that he last saw her in the driveway and did not know she was on the vehicle was at least reasonably possible and supported by some physical and independent evidence. His post-event lies and conduct were not treated as proof of guilt of the charged offence. The Crown also...

Jurisdiction
Australia
Judgment Date
10 June 2015
Procedural Posture
Criminal Prosecution for Driving a Motor Vehicle in a Manner Dangerous Occasioning Death / Trial by Judge Alone; Principal Judgment and Verdict
Outcome
Not guilty
Legal Topics
['dangerous Driving Occasioning Death' 'impact Under S 52 A(5)(g) Crimes Act 1900' 'honest and Reasonable Mistake' 'consciousness of Guilt' 'expert Pathology Evidence' 'trial by Judge Alone']
['criminal Law' 'criminal Procedure' 'evidence'] ['dangerous Driving Occasioning Death' 'impact Under S 52 A(5)(g) Crimes Act 1900' 'honest and Reasonable Mistake' 'consciousness of Guilt' 'expert Pathology Evidence' 'trial by Judge Alone']

Case Brief

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Procedural Posture

Criminal Prosecution for Driving a Motor Vehicle in a Manner Dangerous Occasioning Death / Trial by Judge Alone; Principal Judgment and Verdict

Legal Issues

  1. 1 ['Whether the accused was the driver of the Holden Commodore.' 'Whether the vehicle was involved in an impact, namely that the deceased fell from the motor vehicle while being conveyed in or on it.' 'Whether the impact caused the death of Kim Barnes.' 'Whether, at the time of the impact, the accused was driving in a manner dangerous to another person.' 'Whether the Crown proved beyond reasonable doubt that the accused had no honest and reasonable belief that it was safe to drive as he did.']

Ratio Decidendi

The Crown did not prove beyond reasonable doubt the pleaded impact or that the accused drove in a manner dangerous. The evidence did not establish beyond reasonable doubt that the deceased was on the rear of the car while it was moving, that the accused knew or ought to have known she was on or attached to the car, or the particular mechanism by which she came into contact with the vehicle or road. The accused's account that he last saw her in the driveway and did not know she was on the vehicle was at least reasonably possible and supported by some physical and independent evidence. His post-event lies and conduct were not treated as proof of guilt of the charged offence. The Crown also...

Court Disposition

Not guilty

Orders

  • ['The accused was found not guilty.']