Prineas v R [2018] NSWCCA 221

Prineas v R [2018] NSWCCA 221

It was open to the trial judge to find the applicant guilty of negligent driving occasioning grievous bodily harm based on the objective circumstances, including the applicant's extended period without sleep, after a week of work, and the length of journey undertaken. The acquittal of dangerous driving was based on the judge's acceptance of the applicant's honest and reasonable belief that his driving was not dangerous, which does not preclude a finding of negligence given the lesser degree of negligence required for the summary offence. The verdicts were not inconsistent.

Jurisdiction
Australia
Judgment Date
15 October 2018
Procedural Posture
Conviction Appeal / Court of Criminal Appeal Judgment
Outcome
Leave to appeal against conviction granted; appeal dismissed
Legal Topics
['conviction Appeal' 'judge Alone Trial' 'dangerous Driving' 'negligent Driving' 'consistency of Verdicts']
['criminal Law'] ['conviction Appeal' 'judge Alone Trial' 'dangerous Driving' 'negligent Driving' 'consistency of Verdicts']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Conviction Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ['Whether verdict of guilty for negligent driving was available on the evidence' 'Whether the not guilty verdict for dangerous driving was inconsistent with the guilty verdict for negligent driving']

Ratio Decidendi

It was open to the trial judge to find the applicant guilty of negligent driving occasioning grievous bodily harm based on the objective circumstances, including the applicant's extended period without sleep, after a week of work, and the length of journey undertaken. The acquittal of dangerous driving was based on the judge's acceptance of the applicant's honest and reasonable belief that his driving was not dangerous, which does not preclude a finding of negligence given the lesser degree of negligence required for the summary offence. The verdicts were not inconsistent.

Court Disposition

Leave to appeal against conviction granted; appeal dismissed

Orders

  • ['Leave to appeal against conviction is granted' 'The appeal against conviction is dismissed']