Harlor v The Queen [1956] HCA 50

Harlor v The Queen [1956] HCA 50

Section 52A(1) does not apply where the deceased was a passenger in the offending vehicle and was brought into proximity with the object by virtue of riding in the vehicle. The section contemplates victims who are outside the vehicle.

Jurisdiction
Australia
Procedural Posture
Criminal / Appeal—special Leave Granted; Hearing and Judgment
Outcome
appeal allowed; conviction set aside; verdict of not guilty entered; acquittal
Legal Topics
['culpable Driving' 'manslaughter' 'statutory Interpretation']
['criminal Law'] ['culpable Driving' 'manslaughter' 'statutory Interpretation']

Case Brief

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Procedural Posture

Criminal / Appeal—special Leave Granted; Hearing and Judgment

Legal Issues

  1. 1 ['Whether s. 52A(1) of the Crimes Act 1900-1951 (NSW) applies to deaths of passengers in the vehicle driven by the accused' 'Proper construction of s. 52A(1) and its applicability to circumstances where the deceased was a passenger']

Ratio Decidendi

Section 52A(1) does not apply where the deceased was a passenger in the offending vehicle and was brought into proximity with the object by virtue of riding in the vehicle. The section contemplates victims who are outside the vehicle.

Court Disposition

appeal allowed; conviction set aside; verdict of not guilty entered; acquittal

Orders

  • ['Order of the Supreme Court as a court of criminal appeal discharged' 'Conviction set aside' 'Verdict of not guilty entered upon the whole indictment' 'Judgment of acquittal']