SUPREME COURT OF QUEENSLAND
CITATION:
R v Kong [2010] QCA 195
PARTIES:
R
v
KONG, Bradley David
(appellant)FILE NO/S:
CA No 322 of 2009
DC No 1479 of 2006DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
30 July 2010
DELIVERED AT:
Brisbane
HEARING DATE:
19 July 2010
JUDGES:
Muir and White JJA and Douglas J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The appeal is dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – APPEAL DISMISSED – where appellant involved in motorcycle collision – where both parties sustained serious injuries – where appellant convicted after trial of dangerous operation of a vehicle causing grievous bodily harm – where prosecution particularised its case of dangerous driving as based on speed – whether jury could be satisfied beyond reasonable doubt by acting on evidence of witnesses about appellant’s speed
MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53, cited
R v Duryea (2008) 103 SASR 70; [2008] SASC 363, citedCOUNSEL:
A J Glynn SC for the appellant
M B Lehane for the respondentSOLICITORS:
Richardson McGhie for the appellant
Director of Public Prosecutions (Queensland) for the respondent
MUIR JA: I agree that the appeal should be dismissed for the reasons given by White JA.
WHITE JA: On 9 December 2009 the appellant was found guilty after trial of one count of dangerous operation of a vehicle causing grievous bodily harm to Glenndon Fleming. The appellant was sentenced to two years imprisonment wholly suspended with an operational period of four years, fined $2,000 to be paid within 18 months, and disqualified from holding or obtaining a drivers licence for a period of two years. He appeals against his conviction on the sole ground that the verdict of the jury is unreasonable having regard to the whole of the evidence. Mr A J Glynn SC, who appeared for the appellant, abandoned the other grounds of appeal.
The event which led to the charge involved a “side swipe” collision between two motorcycles on Sunday morning, 30 January 2005, on the Kilcoy-Beerwah Road between Woodford and Beerwah in the Peachester Ranges. The appellant was riding a 1,000cc Kawasaki Ninja ZX10R motorcycle and Glenndon Fleming was riding a Harley Davidson Heritage Classic motorcycle. Both men were experienced motorcycle riders and familiar with the road. Each was travelling with other experienced motorcycle riders.
The trial was a re-trial. The appellant’s conviction on the earlier trial in May 2008 had been set aside by this court on 27 February 2009 and a new trial ordered.
Admissions were made that Mr Fleming suffered injuries in the collision that amounted to grievous bodily harm. He lost the lower part of his right leg. The appellant also suffered serious injury to his right hand and arm, leaving them with little function. The two…
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- R v Kong [2010] QCA 195
- Case
- [2010] QCA 195
- Decision Date
CaseChat Overview and Summary
The primary legal issue for the court was whether the jury could be satisfied beyond reasonable doubt based on the evidence presented regarding the appellant's speed. The court examined the evidence provided by the witnesses, the appellant's version of events, and the applicable legal standards for dangerous driving. The court considered whether the evidence was sufficient to prove the appellant's dangerous driving beyond reasonable doubt.
The court concluded that the evidence, including the testimony of the witnesses about the appellant's speed, was sufficient for the jury to be satisfied beyond reasonable doubt of the appellant's guilt. The court held that the jury was entitled to draw inferences from the evidence presented and that the verdict was not unreasonable or insupportable. As such, the appeal was dismissed, and the conviction was upheld.
The final orders of the court were to dismiss the appeal and uphold the conviction of the appellant for dangerous operation of a vehicle causing grievous bodily harm. The court found that the evidence was sufficient to support the jury's verdict, and the appeal did not meet the threshold for a verdict being unreasonable or insupportable.
Orders
Orders of the court
The appeal is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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