Jiminez v The Queen

The applicant, Jiminez, sought special leave to appeal to the High Court of Australia against a decision of the Court of Criminal Appeal of New South Wales. The Court of Criminal Appeal had dismissed Jiminez's appeal from his conviction and sentence for culpable driving, an offence under section 52A of the Crimes Act 1900 (NSW). The charge arose from a motor vehicle accident on the Pacific Highway near Kempsey, where Jiminez's vehicle left the road, struck a tree, and resulted in the death of a female passenger.

The legal issues before the High Court concerned the applicant's conviction for culpable driving. Specifically, the court was required to consider whether the evidence presented at trial was sufficient to establish that Jiminez drove his vehicle in a manner dangerous to the public, thereby causing the death of the passenger. The factual circumstances involved Jiminez driving for approximately 200 kilometres after taking over from a companion, during which time he allegedly fell asleep. The accident occurred on a winding, foggy section of road as Jiminez approached a right-hand curve.

The applicant's defence, as evidenced by his statements to police, suggested he may have fallen asleep at the wheel. He stated he had left the Gold Coast the previous night, had slept for about four hours before commencing the journey, and that the deceased had driven for the initial 400 kilometres. He took over driving around Coffs Harbour and recalled travelling at between 80 to 100 kph before apparently falling asleep and losing control of the vehicle. The Crown case relied heavily on these admissions to establish the dangerous manner of driving. The High Court was therefore considering whether these admissions, in the context of the accident circumstances, supported a finding of dangerous driving causing death.