NEW SOUTH WALES CRIMINAL COURT OF APPEAL
CITATION: R v Bozzola [2001] NSWCCA 8
FILE NUMBER(S):
60222/00
HEARING DATE(S): 07/02/00
JUDGMENT DATE: 06/03/2001
PARTIES:
Regina v Peter Anthony Bozzola
JUDGMENT OF: Giles JA James J Hulme J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 96/31/0428
LOWER COURT JUDICIAL OFFICER: Christie DJC
COUNSEL:
H Dhanji - Appellant
LMB Lamprati - Crown
SOLICITORS:
DJ Humphreys - Appellant
SE O'Connor - Crown
CATCHWORDS:
Proviso to s6 of the Crimes Act
LEGISLATION CITED:
DECISION:
Appeal dismissed
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL60222/0l
GILES JA
JAMES J
HULME JTuesday 6 March 2001
REGINA v Peter Anthony BOZZOLA
JUDGMENT
GILES JA. I agree with James J.
JAMES J: This is an appeal by Peter Anthony Bozzola against his conviction, after a trial in the District Court before his Honour Judge Christie and a jury, on two charges under s52A of the Crimes Act, that on 30 May 1995 near Narrabri he was driving a vehicle (which was a Mack Prime Mover), when it was involved in an impact which occasioned the death of James Lindsay Dovey (the first count in the indictment) and grievous bodily harm to Laura Edith Dovey (the second count in the indictment), the appellant at the time of the impact driving his vehicle in a dangerous manner.
Although it was alleged that the offences had been committed on 30 May 1995, the trial did not take place until February last year. After the jury had returned its verdicts of guilty on 16 February, no application was made to continue the appellant’s bail and the appellant went into custody on 16 February 2000. On 4 May 2000 Judge Christie sentenced the appellant on the first count in the indictment to a term of imprisonment for two years, with a minimum term of one year commencing on 16 February 2000 and expiring on 15 February 2001 and on the second count in the indictment to a fixed term of imprisonment of six months commencing on 16 February 2000.
At the trial there was no dispute that at about 2.30 in the afternoon of 30 May 1995 the truck which the appellant was driving in a northerly direction on the Newell Highway between Coonabarabran and Narrabri ran into the back of a stationary, or almost stationary, Kenworth truck which was being driven by a Mr Smith. Mr Smith had stopped his truck just before some road works on the Highway. Another vehicle, a car, had stopped at the road works in front of Mr Smith’s truck. A car, which was being driven by the male victim and in which the female victim was a passenger and which had been travelling in a northerly direction on the Highway, ran into the back of the appellant’s truck. The male victim was killed instantly and the female victim was seriously injured.
At the trial the appellant made formal admissions of a number of the elements of the offences charged, so that…
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- AGLC
- R v Bozzola [2001] NSWCCA 8
- Case
- [2001] NSWCCA 8
- Decision Date
CaseChat Overview and Summary
The Court of Criminal Appeal reviewed the trial judge's directions to determine if they aligned with the statutory requirements and if they correctly balanced the rights of the accused under the law. The trial judge had informed the jury that Bozzola was not obligated to give evidence and that his silence could be considered in their deliberations. However, the trial judge also suggested that the jury might more readily accept the prosecution's evidence on specific matters where Bozzola could have provided first-hand knowledge, such as his travel movements, drug use, rest periods, and motives for lying. The appellant's counsel argued that this direction amounted to an improper inference of guilt from silence, in violation of section 20(2) of the Evidence Act. The court needed to assess whether this direction improperly influenced the jury's perception of the appellant's silence.
The Court of Criminal Appeal concluded that the trial judge's directions did not contravene the statutory provisions. The court found that the judge's remarks were an appropriate reflection of the legal principles that an accused person is not compelled to testify and that silence cannot be construed as an admission of guilt. The directions provided to the jury were deemed to be consistent with the legislative intent of section 20(2) of the Evidence Act, as they did not suggest that the jury could infer guilt from the appellant's silence. The court upheld the conviction, finding that the trial judge's instructions were within permissible bounds and did not prejudice the appellant's right to a fair trial.
Orders
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Background
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Evidence
Evidence Before The Court
Decision
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