Daly v The Crown [2009] NSWDC 292

Daly v The Crown [2009] NSWDC 292

The appellant was negligent because he failed to keep a proper lookout for oncoming motorbike traffic, moved forward into the northbound lane without ensuring it was clear, and thereby caused the collision. A prudent driver would have moved more cautiously given the obstructed view and heavy traffic.

Jurisdiction
Australia
Judgment Date
10 November 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
['driving Offence' 'negligent Driving Occasioning Grievous Bodily Harm' 'appeal Against Conviction']
['criminal Law'] ['driving Offence' 'negligent Driving Occasioning Grievous Bodily Harm' 'appeal Against Conviction']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['The speed of the motorbike' 'Whether the appellant negligently failed to keep a proper lookout' "Whether the injuries sustained by the motorbike rider may have been attributable to the excessive speed at which he was riding rather than to the appellant's negligence"]

Ratio Decidendi

The appellant was negligent because he failed to keep a proper lookout for oncoming motorbike traffic, moved forward into the northbound lane without ensuring it was clear, and thereby caused the collision. A prudent driver would have moved more cautiously given the obstructed view and heavy traffic.

Court Disposition

appeal dismissed

Orders

  • ['The appeal against conviction is dismissed.']