R v Farrer
Case
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[2017] SASCFC 3
•10 February 2017
Details
AGLC
Case
Decision Date
R v Farrer [2017] SASCFC 3
[2017] SASCFC 3
10 February 2017
CaseChat Overview and Summary
The appeal in *R v Farrer* concerned a conviction for dangerous driving causing death. The appellant was driving a Holden sedan along Inman Valley Road when her vehicle struck the rear tyre of a bicycle ridden by Ms Kathleen Marie Heraghty. Ms Heraghty died at the scene. The appellant continued driving and was later stopped by police. A blood sample taken from the appellant revealed the presence of methylamphetamine and other drugs. At trial, the prosecution alleged the appellant's driving was dangerous due to a failure to keep a proper lookout, and that this was aggravated by the presence of methylamphetamine in her blood.
The legal issues before the appellate court were whether the trial judge erred in finding the appellant guilty of dangerous driving causing death, and whether the verdict was unreasonable or insupportable having regard to the evidence. The appeal also raised questions concerning interference with the discretion or findings of the trial judge.
The appellate court, comprising Vanstone, Kelly, and Nicholson JJ, reviewed the evidence presented at trial. The court considered that it was open to the trial judge to conclude, beyond reasonable doubt, that the appellant's driving constituted dangerous driving causing death, irrespective of whether she was awake or asleep at the time of the collision. The court found that the appellant had failed to demonstrate any error of fact or law in the trial judge's reasoning.
Consequently, the appeal was dismissed. While permission to appeal was granted on all three grounds, the court ultimately upheld the trial judge's verdict.
The legal issues before the appellate court were whether the trial judge erred in finding the appellant guilty of dangerous driving causing death, and whether the verdict was unreasonable or insupportable having regard to the evidence. The appeal also raised questions concerning interference with the discretion or findings of the trial judge.
The appellate court, comprising Vanstone, Kelly, and Nicholson JJ, reviewed the evidence presented at trial. The court considered that it was open to the trial judge to conclude, beyond reasonable doubt, that the appellant's driving constituted dangerous driving causing death, irrespective of whether she was awake or asleep at the time of the collision. The court found that the appellant had failed to demonstrate any error of fact or law in the trial judge's reasoning.
Consequently, the appeal was dismissed. While permission to appeal was granted on all three grounds, the court ultimately upheld the trial judge's verdict.
Details
Key Legal Topics
Areas of Law
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Criminal Law
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Evidence
Legal Concepts
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Appeal
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Charge
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Causation
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Intention
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Sentencing
Actions
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Citations
R v Farrer [2017] SASCFC 3
Most Recent Citation
R v Farrer [2017] SASCFC 27
Cases Cited
0
Statutory Material Cited
1