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R v Gallaty[2020] QDC 230

CITATION: R v Gallaty [2020] QDC 230
DELIVERED ON: 18 September 2020

Editorial Notes

  • Published Case Name:

    R v Gallaty

  • Shortened Case Name:

    R v Gallaty

  • MNC:

    [2020] QDC 230

  • Court:


  • Judge(s):

    Barlow QC DCJ

  • Date:

    18 Sep 2020

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2020] QDC 23018 Sep 2020Date 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 147715 Oct 2020Date 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 3628 Apr 2021Appeal 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 22311 Nov 2021Application 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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