R v Lidgard [2022] NSWDC 445

R v Lidgard [2022] NSWDC 445

The Crown has not excluded the reasonable possibility that the accused was in a state of automatism prior to the impact, negating voluntariness, and has not negatived beyond reasonable doubt that the accused held an honest and reasonable belief that it was safe for him to drive. Therefore, the elements of dangerous driving occasioning death and occasioning grievous bodily harm have not been proved beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
30 September 2022
Procedural Posture
Judge Alone Criminal Trial / Final Judgment
Outcome
Not guilty on all counts
Legal Topics
['dangerous Driving Occasioning Death' 'dangerous Driving Occasioning Grievous Bodily Harm' 'automatism' 'hypoglycaemia' 'presumption of Innocence']
['criminal Law'] ['dangerous Driving Occasioning Death' 'dangerous Driving Occasioning Grievous Bodily Harm' 'automatism' 'hypoglycaemia' 'presumption of Innocence']

Case Brief

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Procedural Posture

Judge Alone Criminal Trial / Final Judgment

Legal Issues

  1. 1 ['Whether the accused drove a motor vehicle in a manner dangerous to another person resulting in death or grievous bodily harm' 'Whether the accused acted voluntarily at the relevant time of impact' 'Whether the accused had an honest and reasonable belief that it was safe to drive' 'Whether the bodily injuries sustained by the complainants amounted to grievous bodily harm']

Ratio Decidendi

The Crown has not excluded the reasonable possibility that the accused was in a state of automatism prior to the impact, negating voluntariness, and has not negatived beyond reasonable doubt that the accused held an honest and reasonable belief that it was safe for him to drive. Therefore, the elements of dangerous driving occasioning death and occasioning grievous bodily harm have not been proved beyond reasonable doubt.

Court Disposition

Not guilty on all counts

Orders

  • ['Brendon Paul Lidgard found not guilty of Counts 1-4 on the indictment' 'Proceedings listed for mention on 17 October 2022; Mr Lidgard excused if legally represented']