SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Spong |
Citation: | [2018] ACTSC 129 |
Hearing Date: | 10 April 2018 to 13 April 2018 |
DecisionDate: | 13 April 2018 |
Reasons Date: | 16 May 2018 |
Before: | Loukas-Karlsson J |
Decision: | A direction was given to the jury in accordance with Bouch v The Queen [2017] VSCA 861. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Juries – Summing-Up – directions to jury – judicial comity – decision of another Australian intermediate appellate court on a statutory provision substantially identical with the one under consideration CRIMINAL LAW - PARTICULAR OFFENCES – Driving Offences – culpable driving causing death – gross negligence |
Legislation Cited: | Crimes Act 1900 (ACT) s 29, s 49 |
Cases Cited: | Baini v The Queen [2012] HCA 59; 246 CLR 469 Bouch v The Queen [2017] VSCA 861 R v Wolter (No 2) [2015] ACTSC 277; 302 FLR 1 |
Parties: | The Queen (Prosecution) Alister Peter Spong (Accused) |
Representation: | Counsel Ms M Jones with Mr S McLaughlin (Prosecution) Mr S Whybrow (Accused) |
| Solicitors ACT Director of Public Prosecutions (Prosecution) Sharman Robertson Solicitors (Accused) | |
File Number: | SCC 179 of 2017 |
LOUKAS-KARLSSON J
Introduction
On 5 January 2017, the accused, Alister Spong, was driving a utility vehicle with five people on the vehicle’s flat back tray at the Summernats festival in the ACT. One of the passengers, Luke Newsome, fell from the flat back tray and died the following day as a result of head injuries sustained in the fall. The accused was charged with culpable driving causing death by driving negligently contrary to s 29(2) of the Crimes Act 1900 (ACT) (ACT Crimes Act).
In the course of the trial, I invited the parties to make submissions regarding jury directions. In particular, I sought the parties’ submissions regarding the direction to the jury as to gross negligence.
On 13 April 2018 I directed the jury in accordance with Bouch v The Queen [2017] VSCA 861 (Bouch). I now give my reasons.
Offence
The accused was charged with an offence contrary to s 29(2) of the ACT Crimes Act. I set out the section in full:
29 Culpable driving of motor vehicle
(1) In this section:
drug—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.
(2) A person who, by the culpable driving…
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CaseChat Overview and Summary
The court reviewed the trial judge's summing-up to ascertain whether it accurately reflected the legal principles established by Bouch. The court held that the summing-up did not adequately incorporate the principles from Bouch, particularly concerning the requirement to direct the jury on the standard of gross negligence in the context of culpable driving. The court emphasised the importance of judicial comity and the need for consistency in the interpretation and application of legal principles across different cases. The court determined that the summing-up fell short of the required standard, necessitating a new direction to the jury in accordance with the principles laid down in Bouch.
The court ultimately found that the summing-up was insufficient and required correction to ensure the jury was properly directed on the issue of gross negligence. As a result, the court issued a direction to the jury in line with the decision in Bouch v The Queen. The final orders of the court mandated that the jury be re-directed in accordance with the principles established in Bouch, ensuring that the jury's understanding of gross negligence in the context of culpable driving was appropriately guided.
Orders
Orders of the court
A direction was given to the jury in accordance with Bouch v The Queen [2017] VSCA 861.
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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