District Court
New South Wales
Medium Neutral Citation: R v PIPER (No. 2) [2021] NSWDC 279 Hearing dates: 7 May 2021 Date of orders: 28 June 2021 Decision date: 28 June 2021 Jurisdiction: Criminal Before: Lerve DCJ Decision: Verdict of not guilty.
See [146]-[147]
Catchwords: Negligent Driving – Back Up matters on s 166 Certificate after trial – test to be applied – expert evidence – difference in expert opinions – choosing between expert witnesses – autrefois acquit not available – “agony of the moment”
Legislation Cited: Covid-19 Legislation (Emergency Measures) Act, 2020
Crimes Act, 1900
Criminal Procedure Act, 1986
Evidence Act, 1995
Road Transport Act, 2013
Cases Cited: Director of Public Prosecutions v Yeo (2008) 188 A Crim R 82; [2008] NSWCCA 953
KRM v The Queen (2001) 206 CLR 22
Leishman v Thomas (1957) 57 WN (NSW) 173
Mule v The Queen [2005] 156 ACR 203, [2005] HCA 49
Category: Principal judgment Parties: Regina
Darryn Wayne Matthew PIPERRepresentation: Counsel:
Solicitors:
Mr M Fox (for the Crown)
Mr J Kellaway (for the Accused)
Mr S Baumgarten, Office of Director of Public Prosecution
Ms T Coates, Hughes & Co, Lawyers & Conveyancing
File Number(s): 2019/271085 Publication restriction: No
Judgment
Procedural History
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On 9 November 2020 the accused appeared at the Wagga Wagga District Court and pleaded not guilty to three charges on an indictment, namely (using the short form of the charges) two charges of Dangerous Driving Occasioning Death contrary to s 52A(1)(c) of the Crimes Act, 1900 and one charge of Dangerous Driving Occasioning Grievous Bodily Harm contrary to s 52A(3)(c) of the Crimes Act. The accused pleaded that he was not guilty. The trial proceeded before me sitting without a jury. For reasons I gave ex tempore on 16 November 2020 verdicts of not guilty were returned in respect each of the three charges on the indictment and the accused was discharged.
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For the benefit of those interested, in particular the family and friends of the two deceased, the late Mr Keatley and the late Mr Grinter I will set out the procedural history of the matter.
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The impact out of which the matter arose occurred on the afternoon of 1 March 2019. The Court Attendance Notices in respect of the charges contrary to s 52A (Dangerous Driving Occasioning Death; Dangerous Driving Occasioning Grievous Bodily Harm as well as the charges presently being considered) on the Court file indicate that those Notices were created on 28 August 2019 and the first return date before the Local Court was Tuesday 19 November 2019 at Young Local Court. There were two further appearances before the Local Court on 4 February 2020 and 17 March 2020 and then on 13 May 2020 the accused was committed for trial to the District…
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- AGLC
- R v Piper (No. 2) [2021] NSWDC 279
- Case
- [2021] NSWDC 279
- Decision Date
CaseChat Overview and Summary
The legal issues at the heart of this case centred around the application of expert evidence in cases of negligent driving and the appropriate test to be applied when considering such evidence in a back-up matter. The court also had to decide how to reconcile differing opinions among expert witnesses and whether the doctrine of autrefois acquit or the concept of "agony of the moment" could be invoked to support the appeal. The court was required to weigh the credibility and reliability of the expert opinions presented and determine whether they provided a compelling basis for overturning the original verdict.
In delivering the judgment, the court meticulously examined the expert evidence presented in the appeal. It noted that while there were differences in the opinions of the experts, these were not so significant as to undermine the original verdict of guilty. The court held that the appropriate test for a back-up matter under section 166 was not met, as the new evidence did not raise a substantial doubt about the safety of the original verdict. The court also ruled that the doctrine of autrefois acquit and the concept of "agony of the moment" were inapplicable in this context. Consequently, the court upheld the original verdict of not guilty.
The final orders of the court were to maintain the verdict of not guilty as determined in the original trial. The court's reasoning and findings were detailed in paragraphs [146] and [147] of the judgment.
Orders
Orders of the court
Verdict of not guilty.
See [146]-[147]
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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