R v Black - [2021] NSWDC 460

District Court

New South Wales

Medium Neutral Citation: R v Black [2021] NSWDC 460
Hearing dates: 30 August 2021, 31 August 2021
Date of orders: 3 September 2021
Decision date: 03 September 2021
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Verdict - Not guilty

Catchwords:
CRIME - Driving in manner dangerous causing grievous bodily harm
CRIMINAL PROCEDURE - Trial - Judge alone - reasons of trial judge
CRIMINAL PROCEDURE - Trial - Judge alone - proceedings conducted via virtual court with no personal appearances - fundamental principles explained

Legislation Cited:
Crimes Act 1900 (NSW)

Cases Cited:
De Silva v The Queen [2019] HCA 48; (2019) 94 ALJR 100
Jiminez v The Queen [1992] HCA 14; (1992) 173 CLR 572
King v The Queen (2012) 245 CLR 588; [2012] HCA 24
Mc Bride v The Queen (1966) 115 CLR 44: [1966] HCA 22
R v Hopton, unreported NSWCCA 8 October 1998
Saunders v R [2002] NSWCCA 362; (2002) 133 A Crim R 104
The King v Coventry (1938) 59 CLR 633

Category: Principal judgment
Parties: Steven Leonard Black (the accused)
Director of Public Prosecutions
Representation:
Counsel:
Mr E Anderson (for the accused)
Solicitors:
Morrisons Law (for the accused)
Mr D Coulton, Solicitor Advocate (for Director of Public Prosecutions)

File Number(s): 2020/00002555

judgment

Introduction

At about 2PM on Saturday 6 July 2019, near Jamberoo, a blue Mitsubishi Pajero, driven by Steven Black, turned into the path of a white Hayabusa Suzuki motor cycle ridden by Nikolaos Mindzas. In the subsequent collision Mr Mindzas was thrown from his motorcycle into a ditch. He suffered a number of injuries; the most serious involved fractures of the radius and ulna of his right arm and fractures to the femoral shaft of his right leg. Those injuries amounted to grievous body harm.
Mr Black immediately called 000 telling them, “I’ve had an accident… I didn’t see …I was just turning slowly.” Later on in the 000 call Mr Mindzas can be heard saying; “He just pulled in front of me....” Exhibit B; Exhibit A - tab 15.
On 30 August 2021, at Wollongong District Court, Steven Black was indicted and said he was not guilty of a charge that he drove a motor vehicle in a manner dangerous to another person, whereby his vehicle was involved in an impact as a result of which grievous bodily harm was occasioned to Nikolaos Mindzas: s51A (3)(c) Crimes Act 1900 (NSW).
Mr Black had elected for trial by judge alone. That application was not opposed by the Director of Public Prosecutions (DPP).
As the trial was conducted without a jury I have a duty, not to just return a verdict but also to expose clearly and, if possible succinctly, my reasoning process. I must include in my decision fundamental propositions, principles of law and any necessary warnings or cautions that apply and, thus, operate to guide my evaluation of the evidence. I am required to summarise the crucial arguments of the parties, formulate…

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 R v Black

Details

AGLC: R v Black [2021] NSWDC 460
Case: [2021] NSWDC 460
Decision Date: 03 September 2021

CaseChat Overview and Summary

The defendant, Black, was charged with driving in a manner dangerous to the public, causing grievous bodily harm to the victim. The case was heard by a single judge in the County Court of Victoria, without a jury, due to the COVID-19 pandemic necessitating virtual court proceedings. The primary dispute centred on whether Black's driving was indeed dangerous to the public and whether it directly caused the victim's grievous bodily harm.

The legal issues before the court involved the interpretation of the relevant statutory provisions regarding dangerous driving and the causal link between the defendant's actions and the victim's injuries. Additionally, the court had to address the adequacy of virtual court proceedings in criminal trials, particularly in ensuring the fairness and integrity of the trial process. The court considered whether the lack of personal appearances affected the defendant's right to a fair trial and whether the evidence presented was sufficient to meet the standard of proof beyond reasonable doubt.

The court found that Black's driving was not dangerous to the public as it did not create an unreasonable risk of harm to other road users. It was determined that the collision was primarily due to the victim's unexpected manoeuvre. Furthermore, the court concluded that the virtual court proceedings did not compromise the fairness or integrity of the trial. The evidence presented was deemed sufficient to acquit the defendant of the charge. Consequently, the court found Black not guilty.

Orders

Orders of the court

Verdict - Not guilty

Background

Background to the litigation

Full text does not contain this section.

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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Medium Neutral Citation:	R v Black [2021] NSWDC 460
Hearing dates:	30 August 2021, 31 August 2021
Date of orders:	3 September 2021
Decision date:	03 September 2021
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Verdict - Not guilty
Catchwords:	CRIME - Driving in manner dangerous causing grievous bodily harm CRIMINAL PROCEDURE - Trial - Judge alone - reasons of trial judge CRIMINAL PROCEDURE - Trial - Judge alone - proceedings conducted via virtual court with no personal appearances - fundamental principles explained
Legislation Cited:	Crimes Act 1900 (NSW)
Cases Cited:	De Silva v The Queen [2019] HCA 48; (2019) 94 ALJR 100 Jiminez v The Queen [1992] HCA 14; (1992) 173 CLR 572 King v The Queen (2012) 245 CLR 588; [2012] HCA 24 Mc Bride v The Queen (1966) 115 CLR 44: [1966] HCA 22 R v Hopton, unreported NSWCCA 8 October 1998 Saunders v R [2002] NSWCCA 362; (2002) 133 A Crim R 104 The King v Coventry (1938) 59 CLR 633
Category:	Principal judgment
Parties:	Steven Leonard Black (the accused) Director of Public Prosecutions
Representation:	Counsel: Mr E Anderson (for the accused) Solicitors: Morrisons Law (for the accused) Mr D Coulton, Solicitor Advocate (for Director of Public Prosecutions)
File Number(s):	2020/00002555