R v KITT

[2022] SADC 5

DISTRICT COURT OF SOUTH AUSTRALIA

(Criminal)

R v KITT

[2022] SADC 5

Reasons for the Orders of his Honour Judge Muscat 

25 January 2022

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM

CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT - GENERALLY

The defendant was found not guilty of two counts of aggravated causing death by dangerous driving and one count of aggravated causing harm by dangerous driving by reason of mental incompetence. A declaration was made that the defendant be liable for supervision under Part 8A of the Criminal Law Consolidation Act 1935 (SA) (the Act) and an order was made that the defendant be released on licence pursuant to s 269O(1)(b)(ii) of the Act.

Held:

1. A limiting term of 10 years is fixed pursuant to s 269O(2) of the Act.

2.  The defendant is to be released on licence subject to conditions.

Criminal Law Consolidation Act 1935 (SA) Part 8A, referred to.

R v KITT
[2022] SADC 5

Introduction

1. The defendant was charged with two counts of aggravated causing death by dangerous driving[1] and one count of aggravated causing harm by dangerous driving.[2]

   [1] Criminal Law Consolidation Act 1935 s 19A (1).

   [2] Ibid s 19A (3).

2. The charges relate to a motor vehicle collision at the intersection of Cross Road and Fullarton Road at Highgate at 1:37pm on ANZAC Day 2020. The collision resulted in the deaths of Joanne Shanahan and Tania McNeil and the injury of Joanne’s husband, Peter. The offences are aggravated, as at the time the defendant was exceeding the speed limit by more than 45 kph, contrary to s 45A of the Road Traffic Act1961.

   Facts

3. At 4.14am on ANZAC Day 2020, a traffic camera captured the defendant travelling in his black BMW on Victor Harbor Road in McLaren Vale.  The defendant arrived at his parent’s beach house at Encounter Bay sometime after that and while they were asleep.  In the weeks leading up to ANZAZ Day, the defendant had been frequently travelling between Adelaide and his parents’ beach house.

4. After returning from a walk later that day, the defendant’s mother witnessed him heading to his BMW and when she asked him what he was doing he replied that he had to go and help a friend.  She took the family dog inside and was going to speak with her son when her husband told her their son was holding the keys to their Volkswagen Amarok.

5. By the time the defendant’s mother arrived at the Volkswagen he was already sitting in the driver’s seat with the motor running.  She tried to speak with him through the window and as he began to reverse out of the street she ran after him banging on the window as he drove off at a normal speed.  She tried contacting him on his mobile telephone, but he did not answer or respond.

6. The defendant’s…