W, AJ v Police

In the matter of *W, AJ v Police*, the appellant appealed against his conviction and sentence for three counts of aggravated careless driving, an alternative charge to causing death by dangerous driving. The appellant had been found not guilty of the more serious charges but convicted of the lesser offences, with the aggravating factor being the deaths of three victims. The appeal was heard by Gray, David, and Stanley JJ.

The central legal issues before the court were whether the trial judge erred in accepting the evidence of an eyewitness regarding the appellant's excessive speed over the appellant's own testimony, and whether the trial judge erred in finding that the appellant's speed was a substantial cause of the collision, despite accepting the appellant's evidence that he was momentarily blinded by cigar ash immediately before the accident. Additionally, the court considered whether the 3-year licence disqualification imposed was manifestly excessive.

The appellate court dismissed the appeal, finding that the trial judge had made careful factual findings and appropriately addressed any weaknesses in the eyewitness evidence concerning the appellant's speed. The court held that there was no reason to interfere with the trial judge's findings on speed. Furthermore, the trial judge had correctly applied the test for causation, concluding that the appellant's speed was a substantial cause of the collision, even if not the sole cause. The court found no basis to disagree with these conclusions. Finally, the period of licence disqualification was deemed not to be manifestly excessive, given the gravity of the offences.