R v Grant [2021] NSWDC 643

R v Grant [2021] NSWDC 643

The evidence established beyond reasonable doubt that the accused was conscious and acting voluntarily during all relevant events, including the fatal collision and subsequent police pursuit. The defence of automatism (somnambulism) was not supported by the expert evidence as a reasonable possibility, based on the insufficient period of sleep to enter the required stage for somnambulism, the extreme rarity of adult-onset sleepwalking at the accused's age, and the effects of significant alcohol consumption. The accused's impaired driving, amnesia, and actions during police engagement were consistent with voluntary conduct while intoxicated. Therefore, all elements of the three counts were...

Jurisdiction
Australia
Judgment Date
26 November 2021
Procedural Posture
Criminal / Judge Alone Trial Verdict
Outcome
Guilty on all counts
Legal Topics
['dangerous Driving Occasioning Death' 'failing to Stop and Assist After Impact Occasioning Death' 'police Pursuit' 'intoxication' 'automatism (somnambulism) as a Defence']
['criminal Law'] ['dangerous Driving Occasioning Death' 'failing to Stop and Assist After Impact Occasioning Death' 'police Pursuit' 'intoxication' 'automatism (somnambulism) as a Defence']

Case Brief

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Procedural Posture

Criminal / Judge Alone Trial Verdict

Legal Issues

  1. 1 ['Whether the accused was driving a motor vehicle at the time of the fatal impact and subsequent police pursuit' "Whether the accused's actions were voluntary and conscious or attributable to automatism (somnambulism)" 'Whether the accused failed to stop and assist, knowing or ought reasonably to have known of the impact occasioning death' 'Whether the accused knew or ought reasonably to have known police were in pursuit and failed to stop, driving in a manner dangerous to others']

Ratio Decidendi

The evidence established beyond reasonable doubt that the accused was conscious and acting voluntarily during all relevant events, including the fatal collision and subsequent police pursuit. The defence of automatism (somnambulism) was not supported by the expert evidence as a reasonable possibility, based on the insufficient period of sleep to enter the required stage for somnambulism, the extreme rarity of adult-onset sleepwalking at the accused's age, and the effects of significant alcohol consumption. The accused's impaired driving, amnesia, and actions during police engagement were consistent with voluntary conduct while intoxicated. Therefore, all elements of the three counts were...

Court Disposition

Guilty on all counts

Orders

  • ['Guilty in respect of Count 1 (Dangerous driving occasioning death)' 'Guilty in respect of Count 2 (Failing to stop and assist after impact occasioning death)' 'Guilty in respect of Count 3 (Police pursuit – not stop and drive dangerous)']