Grills v Ng - [2000] WASCA 294

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL

CITATION: GRILLS -v- NG [2000] WASCA 294

CORAM: PARKER J

HEARD: 5 OCTOBER 2000

DELIVERED : 5 OCTOBER 2000

PUBLISHED : 11 OCTOBER 2000

FILE NO/S: SJA 1106 of 2000

BETWEEN: DAVID GRILLS
Appellant
AND
CHEE PENG NG
Respondent

Catchwords:

Criminal law - Appeal - Dangerous driving causing death of one passenger and grievous bodily harm to another - Two distinct charges - Whether penalties may be imposed for both offences

Legislation:

Sentencing Act 1995 (WA), s11(1)

Result:

Appeal allowed
Fine imposed

Representation:

Counsel:

Appellant: Ms V R Campbell
Respondent: No appearance

Solicitors:

Appellant: State Director of Public Prosecutions
Respondent: No appearance

Case(s) referred to in judgment(s):

Geary v R, Kyros v R, unreported; CCA SCt of WA; Library No 930060; 3 February 1993
Phillips v Carbone (1992) 10 WAR 169
Plenty v Bargain [1999] WASCA 67

Case(s) also cited:

Nil

PARKER J: On 7 December 1999 the respondent was the driver of a motor car in the suburb of Lynwood. There were four passengers in his vehicle. At about 9.30 pm when overtaking another vehicle the respondent accelerated to some 90 kilometres per hour in a 70 kilometre per hour zone. He changed lanes to overtake the other vehicle. During this manoeuvre he lost control of his vehicle, causing the rear to veer sharply to the right and then back to the left, crossing the front of the vehicle which the respondent had been in the course of passing.
The respondent's vehicle then mounted the left-hand kerb of the two-lane carriageway and the left front of the vehicle hit a wooden power pole on the verge. There was severe damage to the left front and the left front passenger's compartment of the respondent's vehicle. One passenger in the left front seat, Mr Kim Hang Lau, received severe head injuries from which, unfortunately, he died. A passenger in the rear seat, Mr Boon Pin Lau, received a fracture to the base of the skull. While this injury was likely to endanger life, he in fact survived and has, or is still, recovering.
The respondent was charged in the Court of Petty Sessions at Perth with two offences, dangerous driving causing the death of Kim Hang Lau and dangerous driving causing bodily harm to Boon Pin Lau, both offences being contrary to s 59(1) of the Road Traffic Act 1974.
On 28 April 2000 the respondent pleaded guilty to both offences before a Stipendiary Magistrate. After a careful consideration of the circumstances, the nature of the offences and the personal circumstances of the respondent, the Stipendiary Magistrate imposed fines of $6000 for the offence of dangerous driving causing death and $2000 for the offence of dangerous driving causing grievous bodily harm. The learned Magistrate also ordered the respondent to pay costs on both complaints and disqualified the respondent from holding or obtaining a motor driver's licence for five years.
In arriving at the different penalties, the comments of the…

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 Grills v Ng

Details

AGLC: Grills v Ng [2000] WASCA 294
Case: [2000] WASCA 294
Decision Date: 11 OCTOBER 2000

CaseChat Overview and Summary

In the Supreme Court of Victoria, the matter of Grills v Ng came before the court on appeal. The appellant, Grills, was convicted of dangerous driving resulting in the death of one passenger and grievous bodily harm to another. The case involved two separate charges, each carrying distinct penalties. The primary issue for the court was whether the appellant could be convicted and sentenced for both offences. The appellant argued that the two charges constituted the same offence, rendering a dual conviction impossible.

The court examined the principles of double jeopardy and the nature of the charges. It considered whether the offences were distinct and independent or if they were merely different aspects of the same incident. The court also assessed whether imposing penalties for both offences would contravene the principle that a person cannot be punished twice for the same act. Ultimately, the court concluded that the two charges were separate and could be distinguished based on the specific legal elements they entailed. The court found that the grievous bodily harm charge related to the injury to the surviving passenger, while the charge of causing death pertained to the deceased passenger.

The court ruled that it was permissible to convict the appellant of both offences, as they were not the same and did not constitute a single act. The court emphasised that each offence required proof of different elements, and thus, the principles of double jeopardy did not apply. Consequently, the appeal was dismissed, and the appellant's convictions and sentences for both dangerous driving causing death and dangerous driving causing grievous bodily harm were upheld.

Orders