Irvin v R [2024] NSWCCA 70

Irvin v R [2024] NSWCCA 70

It was open to the jury, on the whole of the evidence, to reject the applicant's version of events and his statutory defence under s 52A(8) of the Crimes Act 1900 (NSW). The evidence supported a finding that the applicant, while intoxicated, drove erratically such that the protruding extension of his caravan entered the deceased's lane and caused the fatal collision, and the jury was entitled to accept the Crown case and its expert evidence over the applicant's expert. The verdict of guilty was therefore not unreasonable and should stand.

Parties
Applicant: Dennis Maxwell Irvin; Respondent: Crown
Jurisdiction
Australia
Judgment Date
13 May 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal From Conviction
Outcome
application for leave to appeal granted; appeal dismissed
Legal Topics
Dangerous Driving Occasioning Death, Appeal Against Conviction, Unreasonable Verdict, Causation and the Effect of Intoxication, Defences Under Crimes Act S 52 A(8)
Criminal Law Dangerous Driving Occasioning Death Appeal Against Conviction Unreasonable Verdict Causation and the Effect of Intoxication Defences Under Crimes Act S 52 A(8)

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Parties

Dennis Maxwell Irvin

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal From Conviction

Legal Issues

  1. 1 Whether the jury verdict of guilty for dangerous driving occasioning death while under influence was unreasonable and could not be supported
  2. 2 Whether the defence under Crimes Act 1900 (NSW) s 52A(8) was proven such that the death was in no way attributable to the applicant's intoxication

Ratio Decidendi

It was open to the jury, on the whole of the evidence, to reject the applicant's version of events and his statutory defence under s 52A(8) of the Crimes Act 1900 (NSW). The evidence supported a finding that the applicant, while intoxicated, drove erratically such that the protruding extension of his caravan entered the deceased's lane and caused the fatal collision, and the jury was entitled to accept the Crown case and its expert evidence over the applicant's expert. The verdict of guilty was therefore not unreasonable and should stand.

Court Disposition

application for leave to appeal granted; appeal dismissed

Orders

  • Application for leave to appeal granted.
  • Appeal dismissed.