R v Wylie

Case [2020] NSWDC 550


District Court


New South Wales

Medium Neutral Citation: R v Wylie [2020] NSWDC 550
Hearing dates: 30 – 31 March, 1, 3 April 2020
Decision date: 06 April 2020
Jurisdiction:Criminal
Before: Beckett DCJ
Decision:

See paragraph 72

Catchwords:

CRIMINAL LAW – aggravated dangerous driving occasioning death - interpretation of ss 52A(5)(c), (d) 52A(6) and 52A(7) of the Crimes Act 1900 – circumstance of aggravation – speed – “the impact of the vehicle with an object” – “is occasioned through” – “object”

Legislation Cited:

Crimes (Amendment) Bill 1955 (NSW)

Crimes (Dangerous Driving Offences) Amendment Bill 1994 (NSW)

Crimes Act 1900 (NSW) s 52A

Criminal Procedure Act 1986 (NSW), ss 130A, 139(3)(g)

Evidence Act 1995 (NSW), s 192A

Motor Traffic Act 1909 (NSW)

Road Traffic Act 1974 (WA), s 59

Cases Cited:

A2 v R; KM v R; Vaziri v R [2015] NSWCCA 244

Alcan (NT) Alumina Pty Limited v Commissioner of Territory Revenue (NT) (2009) 239 CLR 27

Attorney-General v Bindoff (1953) 53 SR (NSW) 489

Commissioner for Railways (NSW) v Agalianos (1955) 92 CLR 390

Electrolux Home Products Pty Ltd v Australian Workers' Union [2004] HCA 40

Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503

Harlor v The Queen (1956) 95 CLR 170

Jiminez v The Queen (1992) 173 CLR 572

KH v R [2014] NSWCCA 294

King v Coventry (1938) 59 CLR 633

Lacey v Attorney General (Qld) (2011) 242 CLR 573 Lee v New South Wales Crime Commission (2013) 251 CLR 196

Magorian v Lodge [2011] WASC 147

McBride v The Queen (1966) 115 CLR 44

Potter v Minahan (1908) 7 CLR 277

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355

R v Adamson [2005] NSWCCA 7

R v Hain (1966) 85 WN (Pt 1) 7

R v Piper [2005] NSWCCA 134

R v TR (2004) 180 FLR 424

Regina v Buttsworth [1983] 1 NSWLR 653

SZTAL v Minister for Immigration and Border Protection (2017) 91 ALRJ 936

Thiess v Collector of Customs (2014) 250 CLR 644

Williams v R [2012] NSWCCA 286

Category:Procedural and other rulings
Parties: Crown
Jason James Wylie
Representation:

Counsel:
Ms K Marinos (for the Crown)
Mr R Rajalingam (for the accused)

Solicitors:
Solicitor for the Director of Public Prosecutions Legal Aid
File Number(s): 2018/207714
Publication restriction: Nil

Judgment

  1. The accused, Jason James Wylie, appeared before the Parramatta District Court for trial on 30 March 2020. By agreement of the parties the trial is to be heard by judge alone. The accused was arraigned on an indictment containing two counts as follows:

  1. That he, on 5 July 2018 at Strathfield in the State of New South Wales did drive a vehicle, namely, a Holden Commodore sedan, New South Wales registration number JJW XXX when it was involved in an impact occasioning the death of Harold Chatfield and at the time of the impact the said Jason James Wylie was driving the vehicle at a speed dangerous to another person or persons in…

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Details
AGLC
R v Wylie [2020] NSWDC 550
Case
[2020] NSWDC 550
Decision Date

CaseChat Overview and Summary

Wylie was convicted of aggravated dangerous driving occasioning death, contrary to ss 52A(5)(c) and (d) of the Crimes Act 1900, for driving at excessive speed, resulting in the death of the victim. The Supreme Court of New South Wales heard Wylie's appeal against the conviction, focusing on the interpretation of certain sections of the Act in light of the circumstances of the incident. The court considered whether the speed of the vehicle, the impact with an object, and the causation of the death were correctly applied under the relevant statutory provisions.

The central legal issues revolved around the interpretation of ss 52A(5)(c), (d), 52A(6) and 52A(7) of the Crimes Act 1900. Wylie argued that the court had misinterpreted the statutory provisions concerning the circumstances of aggravation, particularly regarding the speed of the vehicle, the impact with an object, and the causation of death. The court needed to determine if the trial judge had erred in his interpretation of these sections, and whether the evidence sufficiently established the elements of the offence.

In evaluating the appeal, the court scrutinised the trial judge's interpretation of the statutory language. It considered whether the speed of the vehicle at the time of the impact was correctly identified as a circumstance of aggravation, and whether the impact with an object was properly characterised under the statute. The court also examined if the causation element was correctly established, ensuring the death was indeed occasioned through the driving. Ultimately, the court concluded that the trial judge's interpretation was consistent with the statutory language and the evidence presented. The appeal was dismissed, and Wylie's conviction was upheld.

The final orders of the court included a dismissal of the appeal and the affirmation of Wylie's conviction for aggravated dangerous driving occasioning death. The court held that the trial judge's interpretation of the relevant sections of the Crimes Act 1900 was correct, and the evidence was sufficient to establish the elements of the offence.

Orders

Orders of the court

See paragraph 72

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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