R v Stanyard

[2012] NSWDC 78

District Court

New South Wales

Medium Neutral Citation:	R v STANYARD [2012] NSWDC 78
Hearing dates:	14 May 2012 - 16 May 2012, 22 May 2012 - 24 May 2012.
Decision date:	25 May 2012
Before:	Berman SC DCJ
Decision:	Verdict of guilty
Catchwords:	CRIMINAL LAW - Judge alone trial - Dangerous driving - Grievous bodily harm - Vehicle overturned
Legislation Cited:	Evidence Act
Category:	Principal judgment
Parties:	The Crown Christopher James Stanyard
Representation:	Mr C Everson - Crown Mr K Dailly - The Accused Director of Public Prosecutions Mainstone Lawyers - The Accused
File Number(s):	2009/62492

Judgment

Introduction

1. A terrible thing happened on 7th of February 2009. The accused, Christopher Stanyard, was driving a small Suzuki four wheel drive in an area of some sand dunes. As he drove over one of the dunes the vehicle rolled forward on to its roof. Seated in the back were two young girls, Nicole Crawford and Kristen Free. Both of them were injured when the vehicle rolled over. Ms Free broke both her arms but Ms Crawford suffered a much more serious injury with the result that she is now a tetraplegic with no feelings or movement from her shoulders down.

1. The accused was charged with dangerous driving occasioning grievous bodily harm. There are two such counts, one relating to Ms Free and one relating to Ms Crawford. He pleaded not guilty to those charges and asked that he be tried by judge alone.

1. In the circumstances of this trial, the ultimate issue for me to decide was whether the accused was driving the motor vehicle in a manner dangerous to another person or persons immediately before it overturned. There is no issue that the accused was driving the motor vehicle, nor that it was involved in an impact, nor that, as a result of that impact, grievous bodily harm was occasioned to Ms Crawford and Ms Free.

Relevant Principles of Law

1. Before I discuss the evidence called in the trial, and the conclusions which I draw from it, I will set out some preliminary matters. They are the sorts of things that I would tell a jury were this a trial where the jury decided the guilt or otherwise of the accused.

1. I will determine all the relevant issues of fact according to the evidence. The evidence in this case was made up of what witnesses said in Court and the evidence which has been tendered. I have made no enquiries of any kind about anything that came up in this trial. I have never been to the location where the collision occurred.

1. I have decided this case coldly and unemotionally. Were there a jury I would instruct them to ignore any feelings of sympathy or any other emotion that they might feel in deciding whether or not the accused is guilty of the two charges he faces. Judges are not immune to feelings of sympathy. It is impossible not to feel sorry for the awful thing that has occurred to…