R v Brian Edson Joyce No. DCCRM-98-962 Judgment No. D47 - [1999] SADC 47

R v Brian Edson Joyce
[1999] SADC 47

Judge Robertson
Criminal

1 Brian Edson Joyce (the "Accused") is charged with the offence of causing bodily harm by dangerous driving contrary to Section 19A of the Criminal Law Consolidation Act 1935 ("the Act"). The charge arises out of a collision which occurred at the intersection of Murray Street, Penrice Road and Old Kapunda Road, Nuriootpa on 22 October, 1997 in which a utility driven by the accused came into collision with a motor cycle being ridden by Mark Henry Power ("Mark Power"). As a result of the collision, Mark Power suffered injuries. It is alleged that the harm caused to Mark Power is grievous bodily harm within the meaning of Section 19A of the Act. The accused has pleaded not guilty to the charge.
2 It is for the Crown to prove each of the elements of the offence beyond reasonable doubt. The accused has raised the defence of honest and reasonable mistake. Such a defence is available in respect of the offence the subject of the charge. (See: Jiminez v The Queen (1992) 173 CLR 572 at 581-582). The onus on the Crown also requires it to disprove beyond reasonable doubt the defence of honest and reasonable mistake.
3 It is not contested that the accused was the driver of the utility which came into collision with the motor bike being driven by Mark Power. It is further not contested that the injuries sustained by Mark Power in that collision amount to grievous bodily harm within the meaning of Section 19A of the Act. I am satisfied beyond reasonable doubt that the accused was driving the motor vehicle at the time it collided with the motor cycle being driven by Mark Power and that as a result of the collision Mark Power suffered injuries which I am satisfied beyond reasonable doubt amount to grievous bodily harm. Except for the defence of honest and reasonable mistake, the only issue relating to the offence charged, is whether the motor vehicle being driven by the accused was being driven in a manner which was dangerous to the public.
4 The facts are contained within a relatively small compass. The intersection consists of Murray Street which travels in approximately a north/south direction, Penrice Road which travels in an easterly direction from Murray Street and Old Kapunda Road which travels in a westerly direction from Murray Street on the opposite side of Penrice Road. On the south east corner of the intersection was a "Stop" sign facing traffic which approached the intersection along Penrice Road travelling in a westerly direction. The "Stop" sign was attached to a pole. It was hexagonal in shape. The word "Stop" was painted in white against a red background. There was a white painted border around the sign. There was another "Stop" sign on the opposite side of the intersection facing traffic travelling in an easterly direction along Old Kapunda Road towards Murray Street.
5 Mark Power said in evidence…

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 Brian Edson Joyce No. DCCRM-98-962 Judgment No. D47

Details

AGLC: R v Brian Edson Joyce No. DCCRM-98-962 Judgment No. D47 [1999] SADC 47
Case: [1999] SADC 47
Decision Date: 29 March 1999

CaseChat Overview and Summary

Brian Edson Joyce ("the accused") is charged with the offence of causing bodily harm by dangerous driving contrary to Section 19A of the Criminal Law Consolidation Act 1935 ("the Act"). The charge arises out of a collision which occurred at the intersection of Murray Street, Penrice Road and Old Kapunda Road, Nuriootpa on 22 October, 1997 in which a utility driven by the accused came into collision with a motorcycle being ridden by Mark Henry Power ("Mark Power"). As a result of the collision, Mark Power suffered injuries. It is alleged that the harm caused to Mark Power is grievous bodily harm within the meaning of Section 19A of the Act. The accused has pleaded not guilty to the charge. The accused has raised the defence of honest and reasonable mistake. The court was required to determine whether the accused's driving was in a manner dangerous to the public and whether the Crown had disproved beyond reasonable doubt the defence of honest and reasonable mistake. The court held that the accused's driving was not in a manner dangerous to the public as the accused's inattention or failure to keep a proper lookout did not amount to a real danger to the public. However, the accused's conduct amounted to driving without due care. The court held that the defence of honest and reasonable mistake was available to a charge of driving without due care. However, the Crown had disproved beyond reasonable doubt the defence of honest and reasonable mistake as the accused's mistake was brought about by his failure to keep a proper lookout.

The final orders of the court are that the accused is guilty of driving without due care contrary to Section 45 of the Road Traffic Act 1961 and not guilty of the charge of causing bodily harm by dangerous driving.

Orders