Fleming v R [2019] NSWDC 524

Fleming v R [2019] NSWDC 524

The only rational inference on all the evidence is that the appellant failed to keep a proper lookout in circumstances where she should have anticipated pedestrian presence, thereby constituting negligent driving occasioning death under s 117(1)(a) of the Road Transport Act 2013 (NSW).

Parties
Appellant: Marion Fleming; Respondent: DPP
Jurisdiction
Australia
Judgment Date
26 September 2019
Procedural Posture
Conviction Appeal / Appeal Against Conviction From Local Court
Outcome
Conviction appeal dismissed. Conviction confirmed. Sentence varied.
Legal Topics
Negligent Driving Occasioning Death
Criminal Law Negligent Driving Occasioning Death

Case Brief

Summary, issues, holding and outcome

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Parties

Marion Fleming

Appellant

DPP

Respondent

Procedural Posture

Conviction Appeal / Appeal Against Conviction From Local Court

Legal Issues

  1. 1 Whether the conviction for negligent driving occasioning death was supported by evidence beyond reasonable doubt
  2. 2 Whether the appellant failed to keep a proper lookout causing death of a pedestrian

Ratio Decidendi

The only rational inference on all the evidence is that the appellant failed to keep a proper lookout in circumstances where she should have anticipated pedestrian presence, thereby constituting negligent driving occasioning death under s 117(1)(a) of the Road Transport Act 2013 (NSW).

Court Disposition

Conviction appeal dismissed. Conviction confirmed. Sentence varied.

Orders

  • Conviction appeal dismissed
  • Conviction confirmed