Harlor v R [1956] HCA 50

Harlor v R [1956] HCA 50

Section 52a(1) of the Crimes Act 1900-1951 (N.S.W.) is not intended to cover the death of a person who is a passenger in the offending vehicle, where that person's proximity to the object with which the vehicle collides is due solely to their presence in the vehicle. Applying the words literally to such a situation...

Source-derived case information.

Parties
Appellant: Henry Alfred Joseph Harlor; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
30 August 1956
Procedural Posture
Criminal Appeal / Appeal From the Court of Criminal Appeal of New South Wales to the High Court of Australia
Outcome
appeal allowed
Legal Topics
Manslaughter, Culpable Driving, Statutory Interpretation
Criminal Law Manslaughter Culpable Driving Statutory Interpretation

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Parties

Henry Alfred Joseph Harlor

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From the Court of Criminal Appeal of New South Wales to the High Court of Australia

Legal Issues

  1. 1 Whether s. 52a(1) of the Crimes Act 1900-1951 (N.S.W.) applies to the death of a passenger in the offending vehicle caused by collision with another object.

Ratio Decidendi

Section 52a(1) of the Crimes Act 1900-1951 (N.S.W.) is not intended to cover the death of a person who is a passenger in the offending vehicle, where that person's proximity to the object with which the vehicle collides is due solely to their presence in the vehicle. Applying the words literally to such a situation would be an unintended and unnatural extension.

Court Disposition

appeal allowed

Orders

  • Special leave to appeal granted.
  • Appeal allowed.