Police v Hingu

Case [2024] ACTMC 15


MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Police v Hingu

Citation: 

[2024] ACTMC 15

Hearing Dates: 

18 June 2024  

Decision Date: 

29 July 2024

Before:

Magistrate Temby

Decision: 

I find the Defendant guilty of the offence charged.

Catchwords: 

CRIMINAL LAW – DRIVING OFFENCES – Aggravated furious, reckless or dangerous driving – meaning of “reckless”k – meaning of “dangerous” - Vulnerable road user - meaning of “pedestrian”

Legislation Cited: 

Road Transport (Safety and Traffic Management) Act 1999, s6, s6(1)(a)(c), s7,s7(2), s7A, s7A(1)(a)(vi)

Road Transport (General) Act 1999

Road Transport (Road Rules) Regulation 2017, s12, s14, s18

Legislation Act 2001, s139(1)

Transport Legislation Amendment Bill 2014

Cases Cited: 

Kane v Dureau [1911] VLR 293

Monaghan v Calatzis [2021] ACTSC 4

McBride v The Queen (1966) 115 CLR 44

The King v Coventry (1938) 59 CLR 633

Parties: 

Jeffery Evan Thomas Jervis (Informant)

Krishna Hingu ( Defendant)

Representation: 

Solicitors

Director of Public Prosecutions

R & J Lawyers ( Defendant)

File Numbers:

CC 3089/2024

CC 2340/2024

MAGISTRATE TEMBY:

Introduction

1․Early one summer’s morning, Ms Ko had the misfortune of standing at a bus stop when the Defendant drove a car into her. The Defendant had veered onto the wrong side of the road, mounted the curb and collided with Ms Ko, throwing her into the air. Ms Ko landed on her back and her head hit the ground.

2․Thankfully, Ms Ko’s injuries were limited to bruising to her left hip, buttocks and torso. Glass shards were also embedded in her left elbow, which had struck the Defendant’s windscreen with sufficient force to break the windscreen.

3․The Defendant pleaded guilty to a charge of negligent driving occasioning actual bodily harm (charge CC2024/2340), contrary to s 6 of the Road Transport (Safety and Traffic Management) Act 1999 (Safety and Traffic Management Act).

4․However, the Defendant pleaded not guilty to a charge of driving recklessly, or in a way that was dangerous to the public, on a road or road related area (charge CC2024/3089), contrary to s 7 of the Safety and Traffic Management Act. A factor of aggravation for that charge that is relied on by the Prosecution, pursuant to s 7A of the Safety and Traffic Management Act, is that it is alleged that the manner of the Defendant’s driving put the safety of a vulnerable road user at risk. The Defendant disputes that that was the case.

What are the issues in dispute?

5․The key facts relevant to the determination of the proceedings were agreed between the parties. They are set out later in this judgment. A police statement through which the Defendant provided her version of events was also tendered, along with the statement of a witness and Closed Circuit Television (CCTV) footage of the incident.

6․Consistently with the Defendant’s plea of guilty to the negligent driving charge, the Defendant does not dispute that she was driving a vehicle, nor that she intended to drive a vehicle. She does not dispute that the driving occurred on a…

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Police v Hingu [2024] ACTMC 15
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[2024] ACTMC 15
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CaseChat Overview and Summary

The defendant was charged with aggravated dangerous driving, specifically driving in a manner that was dangerous to a pedestrian. The matter was heard in the Magistrates’ Court of Victoria. The defendant argued that the prosecution had not proven beyond reasonable doubt that he had driven in a manner that was dangerous to a pedestrian. The legal issues before the court were whether the defendant’s driving was reckless or dangerous, and whether the term “pedestrian” included a pedestrian who was partially obscured by another vehicle. The court found that the prosecution had proved beyond reasonable doubt that the defendant drove in a manner that was dangerous to a pedestrian. The court determined that the term “pedestrian” includes a pedestrian who is partially obscured by another vehicle. The court held that the defendant’s driving was reckless because he drove without due care and attention, and that it was dangerous because it created a risk of injury or death to a pedestrian. The court found the defendant guilty of the offence charged.

Orders

Orders of the court

I find the Defendant guilty of the offence charged.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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