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Date of conviction; found guilty by Barlow QC DCJ of dangerous driving causing death; accused’s trailer’s brakes activated causing it to skid into oncoming driver’s path; central issue at trial was cause of activation of brakes; Crown case that excessive speed actuated stability control mechanism (SR); defence case that Crown could not exclude erroneous operation of different brake system (ABA).
Primary Judgment
[2020] QDCSR 1477
15 Oct 2020
Date of sentence; sentencing judge (Barlow QC DCJ) found that offender had significant history of traffic offences, habit of driving vehicle to and beyond safe limits and cavalier attitude to safe speed; sentenced to 3 years’ imprisonment, suspended after 1 year for 3 years; disqualified from driving for 3 years.
Appeal Determined (QCA)
[2021] QCA 80 (2021) 96 MVR 36
28 Apr 2021
Appeal against conviction dismissed; verdict not unreasonable; open to conclude that vehicle driven dangerously, that that caused deceased’s death, and that prosecution negatived Code s 23. Leave to appeal against sentence granted, appeal allowed, findings in respect of offender’s traffic history contrary to evidence; resentenced to 3 years’ imprisonment, suspended forthwith for 3 years, and disqualification for 2 years: Boddice J (Morrison JA and Lyons SJA agreeing).
Special Leave Refused (HCA)
[2021] HCASL 223
11 Nov 2021
Application for special leave to appeal from [2021] QCA 80 dismissed; insufficient prospects of success: Keane and Gleeson JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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