This is a case study on an appeal against conviction from a motor vehicle accident that resulted in the following charges:
- One charge of culpable driving causing death
- Two charges of negligently causing serious injury
- Three charges of reckless conduct endangering life
What is alleged to have occurred?
The offending was allegedly committed during an accident involving a truck that was being driven by our client. The truck was a Kenworth prime mover towing a refrigerated Pantech Trailer.
As our client approached a sweeping left-hand curve and began negotiating the bend, our client maneuvered their truck onto the wrong side of the road and collided head-on with an incoming motor vehicle.
As a result of the collision, our client’s semi-trailer jackknifed with the trailer coming to the rest on the roadway completely blocking it. A second car took evasive action and collided with the rear of the first car. A third car managed to take evasive action and avoided colliding with other vehicles. The driver of the first car consequently passed away, with the two passengers suffering serious injuries. Three occupants of the second car sustained minor injuries. It was a devastating accident that caused injury and death to many people.
What happened during the County Court trial?
The facts of the collision were largely undisputed. A critical issue in the trial was the reason as to why our client’s vehicle moved onto the incorrect side of the road. It was submitted that immediately before the collision, our client suffered a severe bout of coughing which had resulted in them experiencing a syncopal episode. This had caused their driving at that critical time to be neither conscious nor voluntary.
A jury found our client guilty of the offences. The client was sentenced to a total effective sentence of 7 years and 9 months’ imprisonment, with a non-parole period of 5 years and 3 months.
What happened at the Court of Appeal?
Shortly after, our client sought leave to appeal against their conviction. This application was dealt with at the Court of Appeal where written case was filed and considered by the court.
The appeal was eventually allowed on the grounds that each of the verdicts were unsafe and unsatisfactory, on the basis that it was not open to the jury to reject the defence that our client had suffered from an unforeseen syncopal episode immediately before their vehicle moved onto the incorrect side of the road.
The Court of Appeal carefully considered the evidence presented during the trial, and concluded that:
- Firstly, before the jury, there was unchallenged evidence that moments before the collision, our client had become suddenly unresponsive. It is therefore not open to the jury to ignore or reject it.
- Secondly, the evidence of two experts suggested that for whatever medical reason, in moments before the collision, there was a reasonable possibility that the applicant suffered a period of involuntary unconsciousness, leading to their vehicle moving onto the incorrect side of the road.
The court therefore determined that it was not open to the jury to exclude the reasonable possibility that our client’s driving of the vehicle was neither conscious nor voluntary at the time of the alleged offending.
It follows that it was not open to the jury to be satisfied beyond reasonable doubt that our client was guilty.
What was the result?
Our client won the appeal against conviction from the motor vehicle accident that resulted in 3 very serious charges. An appeal was allowed and our client’s convictions on each charge were quashed and sentences imposed were set aside. Verdicts of not guilty were subsequently entered on the record.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 06/12/2024
