R v Wells [2016] NSWDC 169

R v Wells [2016] NSWDC 169

The accused entered the northbound carriageway while a vehicle was approaching, in circumstances where a reasonable and prudent driver would have waited for it to pass. This represented a marked departure from the standard of care that justified criminal punishment, and this negligence was a substantial cause of the subsequent death. The exemption for emergency vehicles did not apply as there was no evidence of urgency and the driver was not taking reasonable care.

Jurisdiction
Australia
Judgment Date
17 August 2016
Procedural Posture
Criminal / Judgment After Trial on Back Up Charges Following Acquittal of Principal Charges
Outcome
Guilty
Legal Topics
['negligent Driving Occasioning Death' 'road Rules' 'emergency Vehicle Exemption' 'causation' 'failing to Give Way']
['criminal Law'] ['negligent Driving Occasioning Death' 'road Rules' 'emergency Vehicle Exemption' 'causation' 'failing to Give Way']

Case Brief

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Procedural Posture

Criminal / Judgment After Trial on Back Up Charges Following Acquittal of Principal Charges

Legal Issues

  1. 1 ['Whether the accused was criminally negligent in driving occasioning death' 'Whether the accused failed to give way when making a U-turn' "Whether the accused was driving an 'emergency vehicle' exempt from certain road rules" "Whether accused's negligent driving was a legal cause of death"]

Ratio Decidendi

The accused entered the northbound carriageway while a vehicle was approaching, in circumstances where a reasonable and prudent driver would have waited for it to pass. This represented a marked departure from the standard of care that justified criminal punishment, and this negligence was a substantial cause of the subsequent death. The exemption for emergency vehicles did not apply as there was no evidence of urgency and the driver was not taking reasonable care.

Court Disposition

Guilty

Orders

  • ['The accused is found guilty of the 2 back up charges on the s 166 certificate']