Nisan v R [2017] NSWCCA 265

Nisan v R [2017] NSWCCA 265

The evidence did not establish beyond reasonable doubt that the appellant's driving was dangerous or caused the collision; the trial judge's reasons were inadequate and her findings were inconsistent with the evidence and expert consensus that the brakes were defective. The conviction was unsafe and unreasonable. The appeal must be upheld, convictions quashed and appellant released.

Jurisdiction
Australia
Judgment Date
16 November 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed
Legal Topics
['dangerous Driving' 'expert Evidence' 'appeal Against Conviction' 'appeal Against Sentence' 'admissibility of Expert Opinion' 'unsafe or Unreasonable Verdict']
['criminal Law'] ['dangerous Driving' 'expert Evidence' 'appeal Against Conviction' 'appeal Against Sentence' 'admissibility of Expert Opinion' 'unsafe or Unreasonable Verdict']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether the conviction was unsafe, unsatisfactory or unreasonable' 'Whether expert evidence based on assumptions was admissible' 'Whether reasons given by the trial judge were adequate' 'Whether the sentence was manifestly excessive' 'Whether the appellant was wrongly convicted for dangerous driving']

Ratio Decidendi

The evidence did not establish beyond reasonable doubt that the appellant's driving was dangerous or caused the collision; the trial judge's reasons were inadequate and her findings were inconsistent with the evidence and expert consensus that the brakes were defective. The conviction was unsafe and unreasonable. The appeal must be upheld, convictions quashed and appellant released.

Court Disposition

Appeal allowed

Orders

  • ['Leave to appeal be granted' 'The conviction appeal be upheld' 'The convictions be quashed' 'The appellant should be released forthwith']