Osman v R [2020] NSWDC 217

Osman v R [2020] NSWDC 217

The appellant failed to keep a proper lookout and drove too closely behind a large removalist truck, preventing him from seeing and responding to stopped traffic ahead. In all the circumstances, particularly given the size and mass of his vehicle, he failed to meet the standard of care of an ordinary, prudent driver, and is guilty beyond reasonable doubt of negligent driving occasioning death.

Parties
Appellant: Osman Osman; Respondent: DPP
Jurisdiction
Australia
Judgment Date
30 March 2020
Procedural Posture
Criminal Appeal / Conviction Appeal Against Local Court Decision
Outcome
Conviction appeal dismissed. Conviction confirmed.
Legal Topics
Negligent Driving Occasioning Death
Criminal Law Negligent Driving Occasioning Death

Case Brief

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Parties

Osman Osman

Appellant

DPP

Respondent

Procedural Posture

Criminal Appeal / Conviction Appeal Against Local Court Decision

Legal Issues

  1. 1 Whether the conviction for negligent driving occasioning death was properly made
  2. 2 Whether the appellant's driving met the standard of care of a prudent driver in the circumstances

Ratio Decidendi

The appellant failed to keep a proper lookout and drove too closely behind a large removalist truck, preventing him from seeing and responding to stopped traffic ahead. In all the circumstances, particularly given the size and mass of his vehicle, he failed to meet the standard of care of an ordinary, prudent driver, and is guilty beyond reasonable doubt of negligent driving occasioning death.

Court Disposition

Conviction appeal dismissed. Conviction confirmed.

Orders

  • Conviction appeal dismissed.
  • Conviction confirmed.