R v Shah

The appeal concerned the convictions of the appellant, Mr Shah, for offences arising from a high-speed pursuit. Police officers attempted to stop a BMW, which was later found parked near the appellant's home. The appellant was observed approaching and entering the vehicle. When the BMW began to move, a police Commodore was positioned in the centre of the road with its lights activated, intending to signal an overt stop. The appellant then drove the BMW, which the prosecution alleged was deliberately driven into the police Commodore to endanger lives. The appeal was heard by Kourakis CJ, Blue and Doyle JJ.

The central legal issue before the court was the construction of section 29(1) of the Criminal Law Consolidation Act (CLCA), which relates to dangerous driving. Specifically, the court considered whether knowledge that conduct was *likely* to endanger life was a necessary element of the offence, or if merely appreciating that it *might* do so was sufficient. The court also considered whether directions concerning recklessness were capable of affecting the jury's verdict, given the prosecution's case that the appellant deliberately drove into the police vehicle.

The court determined that an element of section 29(1) of the CLCA is that the defendant must know their conduct is *likely* to endanger life, and that it is not sufficient to prove only that the defendant appreciated the possibility of danger. The court allowed the appeal on this ground, finding it unnecessary to determine other grounds or the issue of recklessness directions.

The convictions were set aside, and a new trial was directed on all counts.