Georgiou v The Queen

The case of Georgiou v The Queen involves an appeal against a conviction for dangerous driving causing death, following a trial before a judge alone. The applicant, who was driving a car, was found to have collided with a pedestrian, Mr Varvodic, resulting in his death. The central issue before the court was whether the verdict of the primary judge was unreasonable or incapable of being supported by the evidence, specifically whether the applicant drove dangerously by failing to pay proper attention to the road and traffic conditions, leading to the collision.

The court considered the evidence presented, which included CCTV footage and expert testimony on speed and stopping distances. The footage showed Mr Varvodic standing in the road for approximately nine seconds before the collision, and the experts' evidence indicated that the applicant's vehicle was travelling at approximately 50 kilometres per hour at the time of impact. The court found that the applicant's failure to see Mr Varvodic, despite having a clear view of him, was due to inadequate attention over a prolonged period, rather than a momentary lapse. This inattention rendered her driving dangerous, as it prevented her from reacting to the presence of Mr Varvodic and avoiding the collision.

In rejecting the appeal, the court held that the evidence established beyond reasonable doubt that the applicant was not paying proper attention, which was the only explanation for the accident. The prolonged period of inattention meant that she was not properly in control of her vehicle and thus was driving dangerously. This conclusion was supported by the lack of any other plausible explanation for the collision, such as an intervening vehicle or distraction. Consequently, the verdict of the primary judge was affirmed, and the appeal was dismissed.

The final orders of the court were that the appeal against conviction and sentence be dismissed.