Brett Stevenson v The Queen - [2014] VSCA 247

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2014 0050
BRETT STEVENSON	Appellant
v
THE QUEEN	Respondent

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JUDGES:	NEAVE and BEACH JJA, GINNANE AJA
WHERE HELD:	MELBOURNE
DATE OF HEARING:	2 October 2014
DATE OF JUDGMENT:	3 October 2014
MEDIUM NEUTRAL CITATION:	[2014] VSCA 247
JUDGMENT APPEALED FROM:	DPP v Dunkley-Price & Anor, unreported, County Court of Victoria, 25 September 2013 (Conviction) and 16 December 2013 (Sentence), Judge Pullen

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CRIMINAL LAW – Conviction – Dangerous driving causing death – Dangerous driving causing serious injury – Jury address – Final address by counsel for co-accused – Final address by counsel for co-accused containing inadmissible material – Application for discharge of jury – Application for discharge of jury refused – No high degree of necessity – Jury direction – Appeal dismissed.

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APPEARANCES:	Counsel	Solicitors
For the Appellant	Mr R F Edney	Robert Stary Lawyers
For the Crown	Mr B F Kissane	Mr C Hyland, Solicitor for Public Prosecutions

NEAVE JA
BEACH JA
GINNANE AJA:

Introduction

On 25 September 2013, following a 16 day trial in the County Court, the appellant was convicted of dangerous driving causing death and dangerous driving causing serious injury. On 16 December 2013, the appellant was sentenced to a total effective sentence of two years and six months’ imprisonment, with a non-parole period of 18 months.

On 22 August 2014, Ashley JA granted the appellant leave to appeal against his conviction on a sole ground of appeal that the trial judge had erred in failing to discharge the jury in the appellant’s trial following the closing address of counsel for the appellant’s co-accused, one Travis Dunkley-Price.

Background facts

At approximately 6.15pm on 19 July 2010 three vehicles were involved in a collision on the Western Highway at Myrniong. The collision resulted in the death of Ms Breanna Willmott and caused serious injury to her passenger, Ms Stephanie Bewley.

The Western Highway in the vicinity of Myrniong is a divided road. As at July 2010, it consisted of an emergency lane and two running lanes. The speed limit on this part of the highway was 110 kilometres per hour. It was dark at the time of the collision. Dunkley-Price (the appellant’s co-accused) was the driver and sole occupant of a 2004 Holden Commodore utility. Dunkley-Price stopped his vehicle in the left-hand running lane. Ms Willmott was in a Mitsubishi Magna driving in the left-hand running lane of the Western Highway approaching the Myrniong off-ramp, as she was intending to take the exit. Ms Bewley was her front seat passenger.

As Ms Willmott’s vehicle was approaching the exit it came upon the Holden Commodore which was slowing down. The Holden Commodore came to a stop and the Mitsubishi Magna stopped behind it. During the time the two vehicles were slowing or stopped a number of other vehicles passed or overtook them.

The appellant was driving a Holden Commodore utility in the left-hand running lane. On approaching the two stationary vehicles, the appellant’s vehicle collided with…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Brett Stevenson v The Queen

Details

AGLC: Brett Stevenson v The Queen [2014] VSCA 247
Case: [2014] VSCA 247
Decision Date: 3 October 2014

CaseChat Overview and Summary

In the case of Brett Stevenson v The Queen, the appellant faced charges related to dangerous driving causing death and dangerous driving causing serious injury. The matter was heard in the High Court of Australia, which was tasked with reviewing the decisions made during the trial in the lower court. The central legal issues that the court had to address involved the admissibility of material presented during the final address by counsel for a co-accused and the appropriateness of the jury direction given by the trial judge.

The court was required to determine whether the final address by counsel for the co-accused contained inadmissible material and whether this necessitated the discharge of the jury. Additionally, the court needed to assess the correctness of the jury direction provided by the trial judge. The High Court found that the final address did indeed include inadmissible material; however, it concluded that this did not reach the "high degree of necessity" required to discharge the jury. Furthermore, the court examined whether the jury direction was adequate and found no grounds to interfere with the trial judge's decision.

The High Court dismissed the appeal, affirming that the jury direction was appropriate and that the inadmissible material presented during the final address did not necessitate the discharge of the jury. The court held that the lower court's decisions were sound and did not lead to a miscarriage of justice. Consequently, the conviction of the appellant remained intact. The final orders of the court upheld the conviction and sentence as determined by the lower court, with no changes made to the outcome of the case.

Orders