R v Van Den Broek [2000] NSWCCA 10

R v Van Den Broek [2000] NSWCCA 10

Even without the evidence of admissions to police officers, the jury must inevitably have come to the conclusion that the appellant was the driver, thus the proviso should be applied and appeal dismissed.

Jurisdiction
Australia
Judgment Date
10 February 2000
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
['dangerous Driving Causing Death' 'admissibility of Evidence' 'application of Statutory Proviso']
['criminal Law'] ['dangerous Driving Causing Death' 'admissibility of Evidence' 'application of Statutory Proviso']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether evidence of admissions by appellant to police officers was admissible' 'Whether the exclusion of evidence of admissions would have affected the verdict']

Ratio Decidendi

Even without the evidence of admissions to police officers, the jury must inevitably have come to the conclusion that the appellant was the driver, thus the proviso should be applied and appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed']