R v Stephenson - [1999] QCA 519

SUPREME COURT OF QUEENSLAND

CITATION: R v Stephenson [1999] QCA 519
PARTIES: R
v
STEPHENSON, Keith Andrew
(Applicant/Appellant)
FILE NO/S: CA No 295 of 1999
DC No 30 of 1999
DIVISION: Court of Appeal
PROCEEDING: Appeal against conviction and application for leave to appeal
against sentence
ORIGINATING
COURT: District Court at Bundaberg
DELIVERED ON: 17 December 1999
DELIVERED AT: Brisbane
HEARING DATE: 3 November 1999, 13 December 1999
JUDGES: McMurdo P, Williams and Atkinson JJ
Judgment of the Court
ORDER: Appeal dismissed. Application for leave to appeal against
sentence refused.
CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – where appellant driving motorcycle involved in an accident killing the pillion passenger – where appellant affected by alcohol – appellant appealed against conviction and sentence – where strong Crown case.
CRIMINAL LAW – PARTICULAR OFFENCES – DRIVING OFFENCES – CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM – PROOF AND EVIDENCE
CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – GENERALLY – where evidence of expert as to incident excluded – where expert evidence based on many variables – where appellant made admissions which were disputed at trial – whether expert evidence rightly excluded.
COUNSEL: The Applicant/Appellant appeared on his own behalf
Mrs L Clare for the respondent
SOLICITORS: The Applicant/Appellant appeared on his own behalf Director of Public Prosecutions (Queensland) for the respondent

THE COURT: On 21 July 1999, the appellant, Keith Andrew Stephenson, was convicted after a trial in the District Court in Bundaberg on one count of dangerous operation of a motorcycle causing death with a circumstance of aggravation that he was affected by an intoxicating substance, namely alcohol, and that his blood alcohol concentration exceeded 0.15 per cent.
The circumstances of the offence were that at about 3 am on 14 March 1998, the appellant left a nightclub in Bundaberg with the deceased, Eugeniusz Stefan Koczan. They had been drinking in various hotels and clubs around Bundaberg that evening. Their transport for the evening was a 750cc motorcycle ridden by the appellant. The deceased rode pillion.
After the motorcycle ridden by the appellant left the nightclub it ran through two red lights as it proceeded towards the Burnett traffic bridge which is an iron bridge crossing the Burnett River in Bundaberg. The iron bridge is about 490 metres in length and there is a sharp left turn at the northern end of the bridge. The motorcycle did not take the turn and both riders were thrown off it. The appellant suffered a broken leg and the pillion rider later died from his injuries.
This is a matter in which there was a very strong Crown case, both because of admissions made by the appellant and because of the objective evidence. The appellant had a blood alcohol level of 0.157 per cent as well as 0.005 milligrams per kilogram of the drug alprazolam, which is the pharmacological name for the tranquilliser sold as xanax. Both…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Stephenson

Details

AGLC: R v Stephenson [1999] QCA 519
Case: [1999] QCA 519
Decision Date: 17/12/1999

CaseChat Overview and Summary

In the matter of R v Stephenson, the appellant was convicted of dangerous driving resulting in death following a motorcycle accident in which the pillion passenger died. The appellant was driving under the influence of alcohol, which played a significant role in the incident. The case was heard in the High Court of Australia, which was tasked with considering the appeal against the sentence imposed by the lower court.

The primary legal issue before the court was whether the appellant's appeal against his conviction and sentence should be upheld. The court had to determine whether the lower court erred in its assessment of the evidence, particularly concerning the appellant's intoxication and the causation of the accident. Additionally, the court had to evaluate the severity of the sentence in light of the circumstances of the case and relevant legal principles.

The court, in dismissing the appeal and denying the application for leave to appeal against the sentence, found that the evidence strongly supported the appellant's conviction. The court emphasised the significant role of alcohol in the accident and acknowledged the compelling nature of the Crown's case. The sentence imposed was deemed appropriate given the gravity of the offence and the appellant's culpability. Consequently, the appeal was dismissed, and the application for leave to appeal against the sentence was refused.

Orders

Orders of the court

Appeal dismissed. Application for leave to appeal against

sentence refused.

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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CITATION:	R v Stephenson [1999] QCA 519
PARTIES:	R v STEPHENSON, Keith Andrew (Applicant/Appellant)
FILE NO/S:	CA No 295 of 1999 DC No 30 of 1999
DIVISION:	Court of Appeal
PROCEEDING:	Appeal against conviction and application for leave to appeal against sentence
ORIGINATING COURT:	District Court at Bundaberg
DELIVERED ON:	17 December 1999
DELIVERED AT:	Brisbane
HEARING DATE:	3 November 1999, 13 December 1999
JUDGES:	McMurdo P, Williams and Atkinson JJ Judgment of the Court
ORDER:	Appeal dismissed. Application for leave to appeal against sentence refused.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – where appellant driving motorcycle involved in an accident killing the pillion passenger – where appellant affected by alcohol – appellant appealed against conviction and sentence – where strong Crown case.
CRIMINAL LAW – PARTICULAR OFFENCES – DRIVING OFFENCES – CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM – PROOF AND EVIDENCE
CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – GENERALLY – where evidence of expert as to incident excluded – where expert evidence based on many variables – where appellant made admissions which were disputed at trial – whether expert evidence rightly excluded.
COUNSEL:	The Applicant/Appellant appeared on his own behalf Mrs L Clare for the respondent
SOLICITORS:	The Applicant/Appellant appeared on his own behalf Director of Public Prosecutions (Queensland) for the respondent