W, AJ v Police

The appeal before the Full Court of the Supreme Court of South Australia concerned a conviction and sentence imposed on the appellant, W, AJ, who was charged with three counts of causing death by dangerous driving. While acquitted of these charges, the appellant was found guilty of three alternative charges of aggravated careless driving, with the aggravating factor being the death of the three victims.

The legal issues before the court were whether the trial judge erred in accepting the evidence of an eyewitness regarding the appellant's speed over the appellant's own testimony, and whether the trial judge erred in finding the appellant's speed to be a substantial cause of the collision after accepting the appellant's evidence that he was momentarily blinded by cigar ash. Additionally, the court considered whether the period of licence disqualification was manifestly excessive.

The Full Court dismissed the appeal, finding that the trial judge made careful factual findings and properly addressed the weaknesses in the eyewitness evidence, thus providing no reason to interfere with the findings regarding the appellant's speed. The court also held that the trial judge applied the correct test of causation, concluding that the appellant's speed was a substantial cause of the collision, even if not the sole cause. The period of licence disqualification was deemed not to be manifestly excessive, given the gravity of the offence.