R v Stravens (CO 28/2013) [2018] SCSC 8057 (1 February 2018)
The accused was not proven to have driven at speed or recklessly, but was negligent in failing to use other means, such as the hand brake, to stop the vehicle after alleged mechanical failure, resulting in the death of the pedestrian. The evidence established negligence but not dangerous driving.
- Citation
- [2018] SCSC 8057
- Parties
- Prosecution: The Republic; Accused: Terrence Stravens
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 1 February 2018
- Case Number
- CO 28/2013
- Procedural Posture
- Criminal / Judgment
- Outcome
- convicted of negligent driving causing death
- Legal Topics
- Dangerous Driving, Negligent Driving, Causing Death by Dangerous Driving, Mechanical Failure Defence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Terrence Stravens
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused caused death by dangerous driving under section 25 of the Road Transport Act
- 2 Whether the accused's conduct amounted to negligence or recklessness
- 3 Whether the defence of sudden mechanical failure was established
Ratio Decidendi
The accused was not proven to have driven at speed or recklessly, but was negligent in failing to use other means, such as the hand brake, to stop the vehicle after alleged mechanical failure, resulting in the death of the pedestrian. The evidence established negligence but not dangerous driving.
Court Disposition
convicted of negligent driving causing death
Orders
- The accused is convicted of negligent driving causing the death of Paul George Bibi.
Full Case Text
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