R v Black [2021] NSWDC 460

R v Black [2021] NSWDC 460

Although Mr Black failed to see the oncoming motorcycle and negligently breached his duty to other road users, the prosecution did not prove beyond reasonable doubt that his inattentiveness, in circumstances where his driving otherwise complied with what was required of him and he had slowed to turn, was so serious that he was driving in a manner dangerous to other persons.

Jurisdiction
Australia
Judgment Date
03 September 2021
Procedural Posture
Criminal Prosecution for Driving a Motor Vehicle in a Manner Dangerous Causing Grievous Bodily Harm / Judge Alone Trial Verdict
Outcome
Verdict - Not guilty
Legal Topics
['driving in Manner Dangerous Causing Grievous Bodily Harm' 'judge Alone Trial' 'circumstantial Evidence' 'virtual Court Proceedings']
['criminal Law' 'criminal Procedure'] ['driving in Manner Dangerous Causing Grievous Bodily Harm' 'judge Alone Trial' 'circumstantial Evidence' 'virtual Court Proceedings']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Prosecution for Driving a Motor Vehicle in a Manner Dangerous Causing Grievous Bodily Harm / Judge Alone Trial Verdict

Legal Issues

  1. 1 ['Whether, at the time of impact, Steven Black was driving the vehicle in a manner dangerous to other persons.']

Ratio Decidendi

Although Mr Black failed to see the oncoming motorcycle and negligently breached his duty to other road users, the prosecution did not prove beyond reasonable doubt that his inattentiveness, in circumstances where his driving otherwise complied with what was required of him and he had slowed to turn, was so serious that he was driving in a manner dangerous to other persons.

Court Disposition

Verdict - Not guilty

Orders

  • ['Steven Black is found not guilty.']