11 Feb 2022
FAITH v NEW ZEALAND POLICE [2022] NZHC 156
- Citation
- [2022] NZHC 156
- Court
- High Court
Although the trial judge did not set out the statutory test verbatim, he applied the objective standard and, on the totality of the evidence (dash-cam footage, unobstructed visibility, complainant's high-visibility clothing, appellant's own admissions), was entitled to find beyond reasonable doubt that the appellant failed to look adequately or was travelling so as to prevent avoidance, thereby driving carelessly causing injury; the appeal is dismissed.