Harlor v R [1956] HCA 50

H. C. or A.

1956. a

Sypney, Aug. 28, 30.

Dixon C.J.,

Kitto and Taylor JJ.

HIGH COURT ~ [1956.

{HIGH COURT OF AUSTRALIA.]

HARLOR

AGAINST

THE QUEEN.

ON APPEAL FROM THE COURT OF CRIMINAL APPEAL OF NEW SOUTH WALES.

Criminal Law—Manslaughter—Culpable driving—Death "' through the impact of a motor vehicle with any vehicle or other object in, on or near which the person was at the time of impact . . ."—Whether death of passenger in offending vehicle caught—Interpretation—Crimes Act 1900-1951 (N.S.W.), 8. 52a (1).

Section 52a of the Crimes Act 1900-1951 (N.S.W.) provides :—" (1) Where the death of any person is occasioned . . . through the impact of a motor vehicle with any vehicle or other object in, on or near which the person was at the time of impact and . . . the motor vehicle was at the time of impact being driven by a person—(a) under the influence of intoxicating liquor or of a drug; or (b) at a speed or in a manner which is dangerous to the

public, the person last-mentioned shall be guilty of the misdemeanour of culpable driving . . .".

Held, that the provisions of the sub-section do not cover the case where the deceased person was a passenger in a vehicle, which, because it collided with another vehicle or object, brought such person into proximity with that other vehicle or object.

Decision of the Court of Criminal Appeal of New South Wales, reversed.

AppraL from the Court of Criminal Appeal of New South Wales.

Henry Alfred Joseph Harlor was on 25th May 1956 arraigned on a charge of manslaughter arising out of the death of a passenger on a motor omnibus of which he was the driver, such death ensuing as a result of a collision between such motor omnibus and a stanchion of the Iron Cove Bridge, Sydney, on 23rd July 1955. At his trial the jury acquitted him of the crime of manslaughter but found him guilty of the misdemeanour of culpable driving, an offence created by s. 52a (1) of the Crimes Act 1900-1951 (N.S.W.).