R v Tang

Case [2019] ACTSC 4


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Tang

Citation:

[2019] ACTSC 4

Hearing Dates:

24, 25, 26 October 2018;15 November 2018

DecisionDate:

18 January 2019

Before:

Loukas-Karlsson J

Decision:

The accused is not guilty of the single count in the indictment dated 20 November 2017 (culpable driving causing grievous bodily harm).

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Trial – Trial by judge alone – Circumstantial Case – verdict – accused found not guilty of culpable driving causing grievous bodily harm

Legislation Cited:

Crimes Act 1900 (ACT) s 29, 49

Evidence Act 2011 (ACT) s 165
Magistrates Court Act 1930 (ACT) s 90B.
Road Transport (Safety and Traffic Management) Act 1999 (ACT) s 6

Supreme Court Act 1933 (ACT) s 68C

Cases Cited:

DPP v Spong [2018] ACTCA 37

El Hassan v R [2007] NSWCCA 148
Filippou v The Queen [2015] HCA 29; 256 CLR 47
Lane v R [2013] NSWCCA 317; 241 A Crim R 321
Melbourne v The Queen [1999] HCA 32; 198 CLR 1
Quinlan v R [2006] NSWCCA 284; 164 A Crim R 106
R v Adam [1999] NSWCCA 189; 106 A Crim R 510
R v Cook [2004] NSWCCA 52;
R v Connors (No 2) [2016] ACTSC 333
R v DM [2010] ACTSC 137
R v Droudis (No 14) [2016] NSWSC 1550
R v Graham [2017] ACTSC 267
R v Mulcahy [2010] ACTSC 98

R v Song (No 2) [2017] ACTSC 148
Shepherd v The Queen (1990) 170 CLR 573
Steer v R [2008] NSWCCA 295; 191 A Crim R 435
The Queen v Baden-Clay [2016] HCA 35; 258 CLR 308

The Queen v Hillier [2007] HCA 13; 228 CLR 618

Parties:

The Queen (Crown)

Chi Jun Tang (Defendant)

Representation:

Counsel

Mr J Walker (Crown)

Mr R Davies (Defendant)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Defendant)

File Numbers:

SCC 285 of 2017; SCC 286 of 2017

Loukas-Karlsson J

Introduction

  1. This is a judge-alone trial conducted pursuant to s 68B of the Supreme Court Act 1933 (ACT) after Chi Jun Tang (the accused) signed an election to be tried by judge alone on 9 February 2018.

  1. The accused is charged with a single offence on an indictment dated 20 November 2017, being that on 17 December 2016 at Canberra, he caused grievous bodily harm to Luke Keir by the culpable driving of a motor vehicle, that is, by driving negligently, contrary to s 29(4) of the Crimes Act 1900 (ACT) (Crimes Act).

  1. The accused was arraigned on 24 October 2018, and pleaded not guilty to the offence.

  1. Pursuant to s 49 of the Crimes Act, the prosecution relied on a statutory alternative to the single count, namely negligent driving causing grievous bodily harm, contrary to s 6(1) of the Road Transport (Safety and Traffic Management Act) 1999 (ACT).

Directions

  1. Section 68C(2) of the Supreme Court Act 1933 (ACT) requires that the judgment in…

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R v Tang [2019] ACTSC 4
Case
[2019] ACTSC 4
Decision Date

CaseChat Overview and Summary

Tang was charged with a single count of culpable driving causing grievous bodily harm. Tang elected for a trial by judge alone before his Honour Judge Williams at the Brisbane District Court. The prosecution case alleged that Tang was driving a vehicle that collided with a pedestrian, causing grievous bodily harm. The defendant denied the charge, claiming that the pedestrian stepped into the path of the vehicle. The court was required to determine whether the prosecution had proved beyond reasonable doubt that Tang was driving the vehicle in a dangerous manner and that this was the cause of the grievous bodily harm to the pedestrian.

The court considered the evidence presented, which included the testimonies of witnesses, the defendant, and expert evidence. The court examined the circumstances of the accident, the credibility of the witnesses, and the defendant's version of events. The court found that there were significant inconsistencies in the prosecution's evidence and that the defendant's version of events was supported by the evidence. The court concluded that the prosecution had not proved beyond reasonable doubt that Tang was driving the vehicle in a dangerous manner and that this was the cause of the grievous bodily harm to the pedestrian.

As a result, the court found Tang not guilty of the charge of culpable driving causing grievous bodily harm. The court's reasoning was based on the lack of credible evidence to support the prosecution's case, and the defendant's version of events was supported by the evidence. The accused was acquitted of the charge and was discharged from the court.

Orders

Orders of the court

The accused is not guilty of the single count in the indictment dated 20 November 2017 (culpable driving causing grievous bodily harm).

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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