R v Lidgard

[2022] NSWDC 445

District Court

New South Wales

Medium Neutral Citation:

R v Lidgard [2022] NSWDC 445

Hearing dates:

15 March, 16 March, 17 March, 18 March, 21 March, 22 March, 23 March, 24 March, 25 March, 23 May, 24 May, 25 May, 26 May, 27 May, 30 May, 31 May, 1 June, 2 June, 3 June, 6 June, 7 June, 8 June, 9 June, 29 August, 30 August, 31 August, 1 September, 2 September, 5 September 2022

Decision date:

30 September 2022

Jurisdiction:

Criminal

Before:

Colefax SC DCJ

Decision:

Not guilty on Counts 1-4 inclusive

Catchwords:

CRIME - judge alone trial - dangerous driving occasioning death - dangerous driving occasioning grievous bodily harm

Legislation Cited:

Evidence Act 1995 (NSW) s165 and s191

Cases Cited:

Jiminez v The Queen [1992] 173 CLR 572

Toohey v R [2020] NSWCCA 166

Category:

Principal judgment

Parties:

Rex (Crown)

Brendon Paul Lidgard (Accused)

Representation:

Ms Knowles with Ms Hurford (Crown Prosecutors)

Mr Buchen SC with Mr Wong (Counsel for the accused)

File Number(s):

2020/00204504

Publication restriction:

Statutory Non Publication orders of the names of the complainants in Counts 1 to 3 inclusive and of any other matter that might identify any of them, directly or indirectly.

1. As at 10 July 2020, Brendon Paul Lidgard was:

1. 44 years old;

2. a long-term sufferer of Type 1 diabetes (since he was 17 years old);

3. the holder of a NSW heavy vehicle driver’s licence (since November 2009); and

4. employed as a professional heavy vehicle driver by Boral Transport Limited.

2. Type 1 diabetes is a condition in which the pancreas is unable to produce sufficient insulin to maintain blood glucose levels.

3. Diabetics need to take insulin to chemically replicate the physical process of producing insulin.

4. Diabetics can only access insulin through prescriptions written by either a general practitioner or the relevant medical specialist (an endocrinologist).

5. At the relevant time, the administration of insulin was effected by injection – usually by the diabetic. Commonly, a diabetic, such as Mr Lidgard, would inject himself with a fast-acting insulin dose 3 times a day (before eating breakfast, lunch and dinner); and with a slower acting dose at night. Humalog is such a fast-acting insulin dose and Lantus is such a slower acting dose.

6. It is possible for a diabetic to “split” his evening fast-acting dose and to consume part of that dose between lunch and dinner – and to reduce the dinner dose accordingly.

7. When blood sugar levels drop below “normal”, a hypoglycaemic event may occur.

8. Hypoglycaemic events can vary in severity. If very mild, there may be no detectible symptoms. If mild, symptoms may include feeling vague, palpitations, sweats, tiredness and not thinking clearly. These symptoms are easily recognised by diabetics. However, once a person has had Type 1 diabetes for approximately 15 years, it is not uncommon for that person to have hormonal changes such that he no longer has the usual (warning) symptoms of hypoglycaemia. This results in a condition called hypoglycaemic unawareness. This can cause the diabetic’s blood sugar levels to…