R v RMC [2013] NSWCCA 285

R v RMC [2013] NSWCCA 285

The trial judge erred in law by directing a verdict of acquittal before the Crown case had closed and by failing to assess the Crown case at its highest. The prosecution evidence, including the respondent's account of limited forward vision in fog and his speed in those conditions, was capable of supporting a guilty verdict for dangerous driving causing death. No discretionary factor justified leaving the acquittal undisturbed, and the appearance of justice required any retrial to be before a different judge.

Jurisdiction
Australia
Judgment Date
14 November 2013
Procedural Posture
Crown Appeal Pursuant to S 107 of the Crimes (appeal and Review) Act 2001 (nsw) Against Acquittal by a Jury at the Direction of a District Court Judge / Appeal in the Court of Criminal Appeal From a Directed Acquittal
Outcome
Appeal allowed; acquittal quashed; retrial ordered before a different District Court judge.
Legal Topics
['crown Appeal' 'directed Acquittal' 'no Case to Answer' 'dangerous Driving Causing Death' 'retrial' 'discretion to Quash Acquittal']
['criminal Law' 'criminal Procedure'] ['crown Appeal' 'directed Acquittal' 'no Case to Answer' 'dangerous Driving Causing Death' 'retrial' 'discretion to Quash Acquittal']

Case Brief

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Procedural Posture

Crown Appeal Pursuant to S 107 of the Crimes (appeal and Review) Act 2001 (nsw) Against Acquittal by a Jury at the Direction of a District Court Judge / Appeal in the Court of Criminal Appeal From a Directed Acquittal

Legal Issues

  1. 1 ['Whether the trial judge erred in law by directing an acquittal before the Crown case was complete.' 'Whether the trial judge failed to take the Crown case at its highest when determining whether there was a case to answer.' 'Whether the Crown evidence was capable of supporting a verdict of guilty for dangerous driving causing death.' 'Whether the Court should exercise its discretion to quash the acquittal and order a new trial.']

Ratio Decidendi

The trial judge erred in law by directing a verdict of acquittal before the Crown case had closed and by failing to assess the Crown case at its highest. The prosecution evidence, including the respondent's account of limited forward vision in fog and his speed in those conditions, was capable of supporting a guilty verdict for dangerous driving causing death. No discretionary factor justified leaving the acquittal undisturbed, and the appearance of justice required any retrial to be before a different judge.

Court Disposition

Appeal allowed; acquittal quashed; retrial ordered before a different District Court judge.

Orders

  • ['Quash the acquittal of the respondent.' 'Order that the respondent be retried in the District Court before a different judge.']