Nation v R [2016] NSWCCA 115

Nation v R [2016] NSWCCA 115

Leave was granted because of the seriousness of the charges, the applicant's apparent lack of recollection and the inconclusive objective evidence. However, the appeal was dismissed because the evidence provided ample grounds for the jury to find that the applicant drove in a manner dangerous to other persons, including by driving while tired, apparently using a hands-free phone, failing to slow when the lane ended and attempting a dangerous merge from the shoulder. Any possible contact by the truck did not require a reasonable doubt because the dangerous driving occurred at or before the attempted merge, and the evidence did not establish that the jury ought to have had a reasonable...

Jurisdiction
Australia
Judgment Date
15 June 2016
Procedural Posture
Criminal Conviction Appeal / Application for Leave to Appeal Against Convictions From the District Court; Appeal Against Convictions
Outcome
Leave to appeal against convictions granted; appeal dismissed.
Legal Topics
['dangerous Driving Causing Death' 'dangerous Driving Causing Grievous Bodily Harm' 'unreasonable Verdict' 'motor Vehicle Collision']
['criminal Law' 'criminal Appeals'] ['dangerous Driving Causing Death' 'dangerous Driving Causing Grievous Bodily Harm' 'unreasonable Verdict' 'motor Vehicle Collision']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / Application for Leave to Appeal Against Convictions From the District Court; Appeal Against Convictions

Legal Issues

  1. 1 ['Whether the verdicts were unreasonable or could not be supported having regard to the whole of the evidence.' 'Whether the applicant was driving in a manner dangerous to other persons when she lost control of the Land Rover.' "Whether the driving of the B-double truck driver, including any possible contact with the Land Rover, required a reasonable doubt as to the applicant's guilt."]

Ratio Decidendi

Leave was granted because of the seriousness of the charges, the applicant's apparent lack of recollection and the inconclusive objective evidence. However, the appeal was dismissed because the evidence provided ample grounds for the jury to find that the applicant drove in a manner dangerous to other persons, including by driving while tired, apparently using a hands-free phone, failing to slow when the lane ended and attempting a dangerous merge from the shoulder. Any possible contact by the truck did not require a reasonable doubt because the dangerous driving occurred at or before the attempted merge, and the evidence did not establish that the jury ought to have had a reasonable...

Court Disposition

Leave to appeal against convictions granted; appeal dismissed.

Orders

  • ['Grant the applicant leave to appeal against her convictions.' 'Dismiss the appeal.']