SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL
Case Title: | Richardson v The Queen |
Citation: | [2016] ACTCA 63 |
Hearing Date: | 9 August 2016 |
DecisionDate: | 22 November 2016 |
Before: | Burns, Elkaim and Ross JJ |
Decision: | The appeals are dismissed. |
Catchwords: | CRIMINAL LAW – Particular Offences – offences against the person – culpable driving of motor vehicle – causing death – causing grievous bodily harm. CRIMINAL LAW – Appeal from Supreme Court – trial by jury – appeal against conviction – conviction unreasonable and not supported by the evidence – whether appellant’s intoxication was the substantial and operating cause – ample evidence to support conviction – appeal dismissed. |
Legislation Cited: | Evidence Act 2011 (ACT) s 184 Supreme Court Act 1933 (ACT) s 37O |
Cases Cited: | Campbell v The Queen (1980) 2 A Crim R 157 Elwood v The Queen [2016] NSWCCA 18 |
Parties: | Jamie Richardson (Appellant) The Queen (Respondent) |
Representation: | Counsel Mr J Pappas (Appellant) Mr J White SC (Respondent) |
| Solicitors Ben Aulich & Associates (Appellant) ACT Director of Public Prosecutions (Respondent) | |
File Number: | ACTCA 11 of 2016 |
Decision under appeal: | Court: ACT Supreme Court Before: Murrell CJ Date of Decision: 30 March 2016 Case Title: R v Richardson |
THE COURT:
On 30 March 2016, the appellant was convicted, following trial by jury, of two offences arising out of a driving incident on 1 February 2014. He was convicted of both counts on the indictment dated 15 March 2016:
(a)that on 1 February 2014 at Canberra in the Australian Capital Territory [the appellant] caused the death of Glenn Paul Dunster by the culpable driving of a motor vehicle, that is, while under the influence of alcohol to such an extent as to be incapable of having proper control of the vehicle; and
(b)that on 1 February 2014 at Canberra in the Australian Capital Territory [the appellant] caused grievous bodily harm to Dannielle Michelle Benning by the culpable driving of a motor vehicle, that is, while under the influence of alcohol to such an extent as to be incapable of having proper control of the vehicle.
The appellant appealed from the conviction in relation to both counts on the sole ground that the verdicts of the jury in each case were unreasonable or cannot be supported having regard…
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CaseChat Overview and Summary
The Court was required to determine whether there was sufficient evidence before the jury to conclude beyond reasonable doubt that the appellant's culpable driving, including his intoxication, was the substantial and operating cause of the death and grievous bodily harm. This involved assessing the evidence presented at trial, including the appellant's level of intoxication and the circumstances of the driving.
The Court found that there was ample evidence to support the jury's conviction. The judges reasoned that the evidence, when viewed in its totality, demonstrated that the appellant's intoxication was a significant factor contributing to his dangerous driving and the resulting fatalities and injuries. The appeal was therefore dismissed.
Orders
Orders of the court
The appeals are dismissed.
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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