R v Donovan

The Director of Public Prosecutions applied for permission to appeal against the acquittal of the respondent, Donovan, in the District Court. The dispute concerned whether the respondent had driven in a manner dangerous to the public, leading to the death of Ms Minerds. The appeal was heard by the Full Court of the Supreme Court of South Australia.

The primary legal issue before the court was whether the trial judge erred in concluding that it was reasonably possible that the respondent did not drive in a manner dangerous to the public. This involved an evaluation of the trial judge's findings of fact and inferences drawn from the evidence presented.

The court considered the respondent's driving on St Vincent Street, Port Adelaide, where he was travelling east in the left lane of two lanes, under the 40 km/h speed limit, and intending to turn right at an intersection. The trial judge had conducted an extensive review of the evidence, including her own view of the accident scene, and found that the respondent's speed was between approximately 32 km/h and 42 km/h immediately prior to the collision, but ultimately found he was travelling under the speed limit. The court noted that while inattention and carelessness can constitute dangerous driving, the trial judge had comprehensively addressed the issue of failing to maintain a proper lookout without error, and her findings were open to her as the trier of fact.

Given that the respondent had already served substantially his sentence and that the case did not raise any important or contested issues of principle capable of affecting the general administration of the law, the court determined that this was not an appropriate case to grant permission to appeal. The court concluded that the respondent should not be subjected to a second criminal trial and therefore dismissed the Director's application for permission to appeal against the acquittal.