R v Gallaty - [2020] QDC 230

DISTRICT COURT OF QUEENSLAND

CITATION:

R v Gallaty [2020] QDC 230

PARTIES:

R

v

RONALD TREVOR GALLATY

(defendant)

FILE NO/S:

BD 453/20

DIVISION:

Criminal

PROCEEDING:

Trial

DELIVERED ON:

18 September 2020

DELIVERED AT:

Brisbane

HEARING DATE:

12, 13, 17, 18 and 20 August 2020

JUDGE:

Barlow QC DCJ

VERDICT:

Guilty of dangerous operation of a vehicle causing death

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM – CAUSATION – defendant was driving a truck and trailer – trailer slid into oncoming lane – whether the defendant was driving too fast for the conditions – whether the automatic emergency application of the brakes by the truck’s automatic brake assist or its stability control function (or both) or faults in the trailer’s brakes caused the trailer to slide into oncoming lane

CRIMINAL LAW – GENERAL MATTERS – CRIMINAL LIABILITY AND CAPACITY – DEFENCE MATTERS – ACCIDENT – EVENT OCCURING BY ACCIDENT OR CHANCE – defendant contended that the automatic emergency application of the truck’s brakes or faults in the trailer’s brakes were an act independent of the defendant’s will that caused the deceased’s death or were not foreseeable – whether the defence of accident applies

Criminal Code Act 1899 (Qld) s 23, s 328A, s 615B, s 615C

R v Falconer (1990) 171 CLR 30, applied

R v MMH [2020] QDC 70, applied

R v Neilan [1992] 1 VR 57, applied

R v Quinn [1962] 2 QB 245, applied

R v Summers [1990] 1 Qd R 92, applied

R v Taiters [1997] 1 Qd R 333, applied

COUNSEL:

DC Boyle for the Crown

AS McDougall for the defendant

SOLICITORS:

Office of the Director of Public Prosecutions for the Crown

TWC Lawyers for the defendant

Contents
Introduction
Preliminary principles
Elements of the alleged offence
The principal issues
Crown evidence
Eye witnesses
Anthony Simpson
Grace Ivory
Kerrilee Angus
Mark Cantlon

Expert witnesses
Neil James Campbell
Robert Tilney
David Oliver
Peter Briggs
Antony Cheyne
Timothy Woodcock
Andrew McLaren
Siva Jeevaratnam

Other Crown evidence
Mark Graham
Brayden Walker

Defendant’s evidence
Preliminary matters
Roadside interview
Formal interview
Evidence in court
Other defence evidence
Mark Sculthorpe
Steven Smith
Submissions
Defence
Defence of accident

Crown
Discussion and findings of fact
Was Mr Gallaty driving dangerously?
Vehicle speed
Vehicle path on the road
Conclusion on driving dangerously

What caused the trailer brakes to lock?
Active brake assist
Stability control
Braking by Mr Gallaty
The brake system faults
Conclusion on cause of braking

Defence of accident
Conclusions and verdict

Introduction

Thursday 17 November 2016 was a dry, sunny day in the Gold Coast hinterland in southern Queensland. Shortly after 9.00 o’clock that morning, Peter Wayne Bohlsen, an employed driver for Logan Coaches, was driving a bus in a northerly direction along Waterford-Tamborine Road, about 2 kilometres south of the township of Yarrabilba. Mr Bohlsen had two passengers on board. One was a fellow bus driver, Anthony Simpson, who was sitting in the front passenger seat chatting with Mr Bohlsen.

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 Gallaty

Details

AGLC: R v Gallaty [2020] QDC 230
Case: [2020] QDC 230
Decision Date: 18 September 2020

CaseChat Overview and Summary

The case of R v Gallaty involved a defendant who was driving a truck and trailer when a tragic incident occurred. The trailer slid into the oncoming lane, leading to the death of the deceased. The defendant was charged with culpable or dangerous driving causing death. The legal issues that arose in this case pertained to the causation of the incident and the applicability of the defence of accident. The court had to determine whether the defendant was driving too fast for the conditions, and if the automatic emergency application of the brakes by the truck’s automatic brake assist or its stability control function, or faults in the trailer’s brakes, caused the trailer to slide into the oncoming lane.

The court considered whether the defendant’s actions constituted culpable or dangerous driving, and whether the automatic emergency application of the brakes or faults in the trailer’s brakes were independent acts of an accident or chance, thereby absolving the defendant of criminal liability. The court examined the evidence regarding the speed of the truck, the road conditions, and the functioning of the truck’s and trailer’s braking systems. The defence argued that the automatic emergency application of the brakes or faults in the trailer’s brakes were unforeseeable and independent of the defendant’s will, and therefore constituted an accident. The prosecution contended that the defendant was responsible for the incident due to his driving conduct.

After carefully considering the evidence and arguments, the court concluded that the defendant was indeed driving too fast for the conditions, and that the automatic emergency application of the brakes or faults in the trailer’s brakes did not absolve the defendant of criminal liability. The court held that the defence of accident did not apply in this case, as the defendant’s actions were the primary cause of the incident. The court found the defendant guilty of culpable or dangerous driving causing death. The court ordered the defendant to be sentenced accordingly.

Orders