McBride v The Queen [1966] HCA 22

McBride v The Queen [1966] HCA 22

The convictions could not stand because the summing up failed to give the jury adequate assistance on the essential elements of s. 52A, particularly the meaning of driving in a manner dangerous to the public, the need to identify the precise allegedly dangerous manner of driving, and the requirement that the impact occur while the vehicle was being so driven. The treatment of the defence based on brake failure was also inadequate in the circumstances. The appeal was therefore allowed and a new trial ordered.

Jurisdiction
Australia
Procedural Posture
Criminal Special Leave Application and Appeal / High Court Appeal From the Supreme Court of New South Wales Sitting as a Court of Criminal Appeal Dismissing Appeals Against Convictions
Outcome
Special leave to appeal granted; appeal allowed; convictions set aside; new trial ordered.
Legal Topics
['culpable Driving' 'driving in a Manner Dangerous to the Public' 'section 52 a of the Crimes Act, 1900 N.s.w.' 'jury Directions' 'mechanical Defect Defence' 'new Trial']
['criminal Law' 'criminal Procedure'] ['culpable Driving' 'driving in a Manner Dangerous to the Public' 'section 52 a of the Crimes Act, 1900 N.s.w.' 'jury Directions' 'mechanical Defect Defence' 'new Trial']

Case Brief

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Procedural Posture

Criminal Special Leave Application and Appeal / High Court Appeal From the Supreme Court of New South Wales Sitting as a Court of Criminal Appeal Dismissing Appeals Against Convictions

Legal Issues

  1. 1 ['Whether the summing up adequately explained the nature and essential ingredients of offences under s. 52A of the Crimes Act, 1900 N.S.W.' 'Whether the jury were properly directed on what constitutes driving in a manner dangerous to the public.' 'Whether the jury were properly directed that the impact causing death or grievous bodily harm had to occur while the vehicle was being driven in the dangerous manner alleged.' "Whether the applicant's defence based on brake failure and lack of knowledge of any defect was properly left to the jury."]

Ratio Decidendi

The convictions could not stand because the summing up failed to give the jury adequate assistance on the essential elements of s. 52A, particularly the meaning of driving in a manner dangerous to the public, the need to identify the precise allegedly dangerous manner of driving, and the requirement that the impact occur while the vehicle was being so driven. The treatment of the defence based on brake failure was also inadequate in the circumstances. The appeal was therefore allowed and a new trial ordered.

Court Disposition

Special leave to appeal granted; appeal allowed; convictions set aside; new trial ordered.

Orders

  • ['Special leave to appeal granted.' 'Appeal allowed.' 'New trial ordered.']