P v Adrian Norman McIlwrick [2010] NSWLC 5

P v Adrian Norman McIlwrick [2010] NSWLC 5

The accused, knowing of defective brakes before descending a hazardous hill, failed to stop at a practical location. This omission was blameworthy, amounting to negligent driving but not dangerous driving, given the circumstances and location.

Parties
Prosecutor: NSW Police; Accused: Adrian Norman McIlwrick
Jurisdiction
Australia
Judgment Date
02 March 2010
Procedural Posture
Criminal / Judgment
Outcome
The accused is found not guilty of driving in a manner dangerous; found guilty of negligent driving.
Legal Topics
Dangerous Driving, Negligent Driving, Mechanical Defect, Onus of Proof
Criminal Law Road Transport Dangerous Driving Negligent Driving Mechanical Defect Onus of Proof

Case Brief

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Parties

NSW Police

Prosecutor

Adrian Norman McIlwrick

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Did the accused drive in a manner dangerous to the public?
  2. 2 Did the accused drive negligently?
  3. 3 Was the accused's conduct blameworthy in continuing the journey after becoming aware of defective brakes?

Ratio Decidendi

The accused, knowing of defective brakes before descending a hazardous hill, failed to stop at a practical location. This omission was blameworthy, amounting to negligent driving but not dangerous driving, given the circumstances and location.

Court Disposition

The accused is found not guilty of driving in a manner dangerous; found guilty of negligent driving.

Orders

  • The accused is found not guilty of Drive Manner Dangerous.
  • The accused is found guilty of Negligent Driving.