NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v PIPER (No. 2) [2021] NSWDC 279 Hearing dates: 7 May 2021 Date of orders: 28 June 2021 Decision date: 28 June 2021 Jurisdiction: Criminal Before: Lerve DCJ Decision: Verdict of not guilty. See [146]-[147] Catchwords: Negligent Driving – Back Up matters on s 166 Certificate after trial – test to be applied – expert evidence – difference in expert opinions – choosing between expert witnesses – autrefois acquit not available – "agony of the moment" Legislation Cited: Covid-19 Legislation (Emergency Measures) Act, 2020 Crimes Act, 1900 Criminal Procedure Act, 1986 Evidence Act, 1995 Road Transport Act, 2013 Cases Cited: Director of Public Prosecutions v Yeo (2008) 188 A Crim R 82; [2008] NSWCCA 953 KRM v The Queen (2001) 206 CLR 22 Leishman v Thomas (1957) 57 WN (NSW) 173 Mule v The Queen [2005] 156 ACR 203, [2005] HCA 49 Osman v R [2020] NSWDC 217 Pell v The Queen [2020] HCA 12 Prineas v R [2018] NSWCCA 221 R v King [2020] NSWDC 505 Stuart v Walsh [2012] NSWCA 186 Category: Principal judgment Parties: Regina Darryn Wayne Matthew PIPER Representation: Counsel: Mr M Fox (for the Crown) Mr J Kellaway (for the Accused)
Solicitors: Mr S Baumgarten, Office of Director of Public Prosecution Ms T Coates, Hughes & Co, Lawyers & Conveyancing File Number(s): 2019/271085 Publication restriction: No
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