Osman v Police - [2007] SASC 317

SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
OSMAN v POLICE
[2007] SASC 317
Judgment of The Honourable Justice Duggan
28 August 2007
MAGISTRATES - APPEALS FROM AND CONTROL OVER MAGISTRATES - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - OTHER MATTERS
Appeal against conviction for failing to give way to oncoming vehicle when turning right across an intersection - appellant's vehicle collided with oncoming vehicle - appellant claimed that oncoming vehicle proceeded through intersection against a red light - whether duty to give way - Held: duty to remain stationary until safe to proceed remained. Appeal dismissed.
Australian Road Rules R 62(c), referred to.
Rucioch v Police [2004] SASC 127, applied.

OSMAN v POLICE
[2007] SASC 317
Magistrates Appeal

Duggan J. The appellant was convicted in the Adelaide Magistrates Court of failing to give right of way contrary to rule 62(c) of the Australian Road Rules. She was fined $100 and ordered to pay costs and court fees. She now appeals against conviction.
The alleged offence occurred at the intersection of Payneham, Montacute, Glynburn and Lower North East Roads at Glynde. It is convenient for present purposes to regard Montacute Road as the extension of Payneham Road and Lower North East Road as the extension of Glynburn Road.
At about midday on 9 December 2005 the appellant drove along Payneham Road intending to turn right into Glynburn Road. Another driver, Ms Taylor, was driving her vehicle along Montacute Road intending to cross the intersection and proceed down Payneham Road.
As the appellant entered the intersection, there was another vehicle in front of her vehicle travelling in the same direction. The driver of this vehicle turned right into Glynburn Road. The appellant entered the intersection and brought her vehicle to a halt. However, she then commenced to turn right and her car collided with the vehicle being driven through the intersection by Ms Taylor.
Rule 62(c) of the Australian Road Rules provides:
A driver turning at an intersection with traffic lights must give way to –
(c)if the driver is turning right – any oncoming vehicle that is going straight ahead or turning left at the intersection (except a vehicle turning left using a slip lane).
The requirements of the duty to give way are prescribed in the Australian Road Rules as follows:
(a) if the driver … is stopped – remain stationary until it is safe to proceed; or
(b) in any other case – slow down and, if necessary, stop to avoid a collision.
It was alleged by the prosecution at the hearing before the magistrate that the appellant was required to remain stationary in the intersection until it was safe to proceed. It was argued that, as Ms Taylor’s vehicle was an oncoming vehicle going straight ahead, the appellant was required to give way to it.
The appellant gave evidence before the magistrate. On her version she drove her vehicle into the intersection and pulled up behind another vehicle which…

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 Osman v Police

Details

AGLC: Osman v Police [2007] SASC 317
Case: [2007] SASC 317
Decision Date: 28 August 2007

CaseChat Overview and Summary

The appellant, Osman, appealed against a conviction for failing to give way to an oncoming vehicle when turning right across an intersection. The incident resulted in a collision between Osman's vehicle and the oncoming vehicle. Osman claimed that the oncoming vehicle proceeded through the intersection against a red light. The legal issue for determination was whether Osman had a duty to give way under the circumstances presented.

The court examined the principles governing duty of care and the obligations of drivers at intersections. It was established that even if the oncoming vehicle was allegedly proceeding against a red light, Osman had a duty to remain stationary until it was safe to proceed. The court emphasised that the duty to give way is not negated by the potential violation of traffic rules by another party. The appeal was dismissed as the court found that the magistrate had correctly applied the law in reaching the conviction.

The court's decision underscored the importance of adhering to traffic rules and the obligation to remain stationary at intersections until it is safe to proceed, regardless of the actions of other road users. The appeal was dismissed, affirming the conviction against Osman for failing to give way to an oncoming vehicle.

Orders