SUPREME COURT OF SOUTH AUSTRALIA
(Criminal)
R v MICHELS
Reasons for Ruling of The Honourable Justice Layton
6 April 2006
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - PRIMA FACIE CASE OR CASE TO ANSWER
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM - PROOF AND EVIDENCE
Submission by defence that there was no case to answer - whether insufficient evidence on prosecution case to establish the accused drove in a manner dangerous to the public - whether evidence established that the accused's driving had involved such gross inattention as to be characterised as dangerous to the public - Held: evidence sufficient, if accepted, to produce in the mind of a reasonable person satisfaction beyond reasonable doubt of each element of the offence - a case to answer - application refused.
Criminal Law Consolidation Act 1935 s 19A(3), referred to.
Zanetti v Hill (1962) 108 CLR 433; R v Bilick (1984) 36 SASR 321; McBride v The Queen (1966) 115 CLR 44; R v Coventry (1938) 59 CLR 633; R v Taylor (Unreported, Supreme Court of South Australia, 19 June 1998), applied.
Bliss v The Queen (1993) 173 LSJS 255, distinguished.
The Queen v Mayne (1975) 11 SASR 583, considered.
R v MICHELS
[2006] SASC 102
LAYTON J: On 17 March 2006 I ruled that there was a case to answer in the trial of Vicky Lorna Michels for four counts of causing bodily harm by dangerous driving. I now take the opportunity to publish brief reasons for my ruling.
The accused was charged on an Information with the following offences:
First Count
Statement of Offence
Causing Bodily Harm by Dangerous Driving. (Section 19A (3) of the Criminal Law Consolidation Act, 1935).
Particulars of Offence
Vicky Lorna Michels on the 7th day of March 2004 near Port Vincent, drove a motor vehicle in a manner which was dangerous to the public and thereby caused grievous bodily harm to Monique Cavuoto.
Second Count
Statement of Offence
Causing Bodily Harm by Dangerous Driving. (Ibid).
Particulars of Offence
Vicky Lorna Michels on the 7th day of March 2004 near Port Vincent, drove a motor vehicle in a manner which was dangerous to the public and thereby caused grievous bodily harm to Susan Gillett.
Third Count
Statement of Offence
Causing Bodily Harm by Dangerous Driving. (Ibid).
Particulars of Offence
Vicky Lorna Michels on the 7th day of March 2004 near Port Vincent, drove a motor vehicle in a manner which was dangerous to the public and thereby caused
grievousbodily harm to Robyn Kathleen Hambour.Fourth Count
Statement of Offence
Causing Bodily Harm by Dangerous Driving. (Ibid).
Particulars of Offence
Vicky Lorna Michels on the 7th day of March 2004 near Port Vincent, drove a motor vehicle in a manner which was dangerous to the public and thereby caused
grievousbodily harm to Christopher Steley Martin.[1][1] The Information was amended to delete…
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- AGLC
- R v Michels [2006] SASC 102
- Case
- [2006] SASC 102
- Decision Date
CaseChat Overview and Summary
The legal issues for the court to determine were whether the evidence presented by the prosecution was sufficient to establish that Michels drove in a manner dangerous to the public, and whether the evidence showed that his driving involved such gross inattention as to be characterised as dangerous. The court was required to consider whether the evidence, if accepted by a jury, would produce in the mind of a reasonable person satisfaction beyond reasonable doubt of each element of the offence.
The court examined the evidence presented by the prosecution, including witness statements, expert evidence on driving standards, and the circumstances of the collision. The court found that the evidence, if accepted, was sufficient to establish that Michels' driving was dangerous to the public, and that it involved gross inattention. The court held that the evidence, if accepted by a reasonable jury, would produce satisfaction beyond reasonable doubt of each element of the offence, and thus there was a case to answer. The appeal was dismissed.
The court did not make any specific orders, but the dismissal of the appeal confirmed Michels' conviction for culpable or dangerous driving causing bodily harm. The court's decision emphasised the importance of the prosecution establishing a prima facie case to answer, and the need for evidence to satisfy the standard of proof beyond reasonable doubt.
Orders
Orders of the court
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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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