DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v JONES
Criminal Trial by Judge Alone
[2012] SADC 131
Reasons for the Verdict of His Honour Judge Muscat
19 October 2012
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM
Aggravated causing death by dangerous driving - vehicle veering off country road onto verge at night, before returning to road and rolling over - whether accused evading a kangaroo - high blood alcohol concentration of accused - whether dangerous driving.
Causation - whether victim interfered with steering of vehicle.
Verdict of guilty.
Criminal Law Consolidation Act 1935 s 19A(1), s 19B(3), referred to.
R v Kamleh (1990) 159 LSJS 268; R v Cornish (1988) 48 SASR 521; R v Dawood [2002] SASC 346; Royall v R (1972) 172 CLR 378; R v Ettles (1997) 27 MVR 265; R v Duryea (2008) 103 SASR 70; R v Pfeifer Unreported CCA Judgment No. 680 of 1990 delivered 11 December 1990; R v Harris (1990) 55 SASR 321; Edwards v R (1993) 178 CLR 193, considered.
R v JONES
[2012] SADC 131The Charge
Jason Lee Jones is charged with causing the death of Bradley Brine on the 7th day of May 2011 at Kapunda, by driving a motor vehicle in a manner which was dangerous to the public, contrary to section 19A (1) of the Criminal Law Consolidation Act 1935.
The offence is alleged to be aggravated by Mr Jones having a blood alcohol concentration of more than 0.08 grams in 100 millilitres of his blood.
Mr Jones has pleaded not guilty and elected for trial by judge alone.
Introduction
Sometime after 12.00 am on Saturday 7 May 2011, Mr Jones was driving his Mitsubishi Triton dual-cab utility south along the Eudunda to Kapunda road. His friend, Bradley Brine was seated in the front passenger seat. They were driving home to Elizabeth after visiting a friend at Eudunda.
The Eudunda to Kapunda road is a single lane highway. The area on either side of the road consists of either farm land or paddocks. It was a cool, dry night and the road was in good condition. As with all country roads there was no lighting along it. The speed limit along the road is zoned at 110 kph.
When they were approximately three kilometres north of the township of Kapunda the vehicle left the bitumen road and began to travel along the gravel verge or shoulder of the road. The vehicle was travelling at or about the speed limit at the time. The stretch of the road where this occurred is straight and slightly downhill for south bound traffic. The vehicle travelled along the verge for a distance of over 50 metres.
As the vehicle travelled along the verge it was steered sharply to the right and back onto the road. The vehicle has then commenced to rotate or yaw in a clockwise direction. It was still in…
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- AGLC
- R v Jones [2012] SADC 131
- Case
- [2012] SADC 131
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether Jones's actions amounted to dangerous driving and if the victim's interference with the steering of the vehicle was a factor in the accident. The court needed to consider the circumstances under which the incident occurred, including Jones's blood alcohol concentration, his alleged attempt to evade a kangaroo, and the impact of the victim's actions on the vehicle's control. Furthermore, the court had to assess the causal link between Jones's dangerous driving and the resulting death.
The court found that Jones's actions constituted dangerous driving, as his high blood alcohol concentration and the circumstances of the incident demonstrated a significant departure from the standard of care expected of a reasonable driver. The court rejected Jones's claim that he was evading a kangaroo, finding that it did not excuse his dangerous driving. The court also found that the victim's interference with the steering did not contribute to the accident, as it was a reaction to the vehicle's sudden movement caused by Jones's dangerous driving. Consequently, the court held that Jones was guilty of aggravated causing death by dangerous driving.
The court ordered that Jones be sentenced for his conviction of aggravated causing death by dangerous driving, with the specifics of the sentence to be determined in a subsequent proceeding. The court emphasised the gravity of Jones's actions and the importance of holding him accountable for the loss of life resulting from his dangerous driving.
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