R v Farrer

Case

[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.
Details

Areas of Law

  • Criminal Law

  • Evidence

Legal Concepts

  • Appeal

  • Charge

  • Causation

  • Intention

  • Sentencing

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Most Recent Citation
R v Farrer [2017] SASCFC 27

Cases Citing This Decision

1

R v Farrer [2017] SASCFC 27
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0

Statutory Material Cited

1