R v Walker

The defendants were convicted by a jury of causing death by dangerous driving, and they appealed against their convictions. The prosecution case was that the defendants had been driving at a high speed along a straight section of road when they lost control of their vehicle, resulting in a fatal collision. The prosecution sought to adduce evidence of a near collision that occurred several minutes before the fatal incident, as well as evidence that the defendants were speeding at the time of the near collision. The defendants argued that this evidence was irrelevant and prejudicial, and that it should not have been admitted.

The legal issues before the court were whether the evidence of the near collision and speeding was relevant and admissible, and if so, whether its probative value outweighed any prejudicial effect it may have had. The court considered whether the evidence was relevant to proving that the defendants were driving dangerously at the time of the fatal incident, and whether it could assist the jury in determining whether the defendants' driving was negligent or dangerous. The court also considered whether the prejudicial effect of the evidence outweighed its probative value, and whether the trial judge had properly exercised his discretion in admitting the evidence.

The court held that the evidence of the near collision and speeding was relevant and admissible, as it could assist the jury in determining whether the defendants' driving was negligent or dangerous. The court found that the evidence was not so prejudicial as to exclude it, and that the trial judge had properly exercised his discretion in admitting the evidence. The court held that the evidence was properly before the jury, and that it was open to the jury to draw inferences from the evidence in determining whether the defendants were driving dangerously at the time of the fatal incident. The court dismissed the appeal.

The court did not make any orders, as the appeal was dismissed.