R v PIPER (No. 2) [2021] NSWDC 279

R v PIPER (No. 2) [2021] NSWDC 279

The accused faced a sudden emergency not of his own making, with a reasonable possibility he reacted to motor cycles on the incorrect side of the road. He had little time to decide, and the evidence, especially from expert Mr Johnston, does not exclude as a reasonable possibility that the accused acted in the agony of the moment. The Crown has not proven negligence beyond reasonable doubt as required under s 117 of the Road Transport Act, 2013.

Parties
Prosecution: Regina; Accused: Darryn Wayne Matthew Piper
Jurisdiction
Australia
Judgment Date
28 June 2021
Procedural Posture
Criminal / Post Trial S 166 Certificate Hearing
Outcome
not guilty
Legal Topics
Negligent Driving, Driving Occasioning Death, Driving Occasioning Grievous Bodily Harm, Expert Evidence, Standard of Care, Emergency Response (agony of the Moment), Application for a View, Drawing of Inferences, Autrefois Acquit
Criminal Law Traffic Law Negligent Driving Driving Occasioning Death Driving Occasioning Grievous Bodily Harm Expert Evidence Standard of Care Emergency Response (agony of the Moment) +3 more

Case Brief

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Parties

Regina

Prosecution

Darryn Wayne Matthew Piper

Accused

Procedural Posture

Criminal / Post Trial S 166 Certificate Hearing

Legal Issues

  1. 1 Whether the accused drove a motor vehicle negligently within the meaning of s 117 Road Transport Act, 2013.
  2. 2 Whether the deaths and grievous bodily harm occasioned were attributable to negligent driving.
  3. 3 Application of the 'agony of the moment' principle to the accused's conduct.

Ratio Decidendi

The accused faced a sudden emergency not of his own making, with a reasonable possibility he reacted to motor cycles on the incorrect side of the road. He had little time to decide, and the evidence, especially from expert Mr Johnston, does not exclude as a reasonable possibility that the accused acted in the agony of the moment. The Crown has not proven negligence beyond reasonable doubt as required under s 117 of the Road Transport Act, 2013.

Court Disposition

not guilty

Orders

  • H72087350 Sequence 1: Not guilty;
  • H72087350 Sequence 2: Not guilty;