Bullock v The Queen

The appellant, Bullock, was charged with aggravated driving without due care causing death, leaving the scene of an accident after causing death, and alternatively, failing to stop and assist after an accident. The charges arose from a collision on Branksome Terrace where the appellant's vehicle struck and killed a young child. The appellant did not stop at the scene but drove to his nearby residence. The case was heard in the Supreme Court of South Australia.

The legal issues before the court concerned the grounds of appeal raised by the appellant, specifically relating to alleged misdirection or non-direction by the trial judge to the jury. The appellant contended that certain remarks made by the trial judge constituted an expression of the judge's own opinion, which could have led to a miscarriage of justice.

The court considered whether the trial judge's remarks amounted to a comment on the facts of the case that was proscribed by established legal principles. While acknowledging that a particular remark was unhelpful and unfortunate, the court found that it did not constitute a comment on the facts, nor did it convey any criticism of the appellant. Crucially, the court was not satisfied that the remark resulted in a miscarriage of justice, concluding that the jury was not diverted from or improperly influenced in their task.

The appeal was dismissed.