R v Black [2021] NSWDC 460

District Court New South Wales

Medium Neutral Citation: R v Black [2021] NSWDC 460 Hearing dates: 30 August 2021, 31 August 2021 Date of orders: 3 September 2021 Decision date: 03 September 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Verdict - Not guilty Catchwords: CRIME - Driving in manner dangerous causing grievous bodily harm CRIMINAL PROCEDURE - Trial - Judge alone - reasons of trial judge CRIMINAL PROCEDURE - Trial - Judge alone - proceedings conducted via virtual court with no personal appearances - fundamental principles explained Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: De Silva v The Queen [2019] HCA 48; (2019) 94 ALJR 100 Jiminez v The Queen [1992] HCA 14; (1992) 173 CLR 572 King v The Queen (2012) 245 CLR 588; [2012] HCA 24 Mc Bride v The Queen (1966) 115 CLR 44: [1966] HCA 22 R v Hopton, unreported NSWCCA 8 October 1998 Saunders v R [2002] NSWCCA 362; (2002) 133 A Crim R 104 The King v Coventry (1938) 59 CLR 633 Category: Principal judgment Parties: Steven Leonard Black (the accused) Director of Public Prosecutions Representation: Counsel: Mr E Anderson (for the accused)

Solicitors: Morrisons Law (for the accused) Mr D Coulton, Solicitor Advocate (for Director of Public Prosecutions) File Number(s): 2020/00002555

judgment

Introduction 1. At about 2PM on Saturday 6 July 2019, near Jamberoo, a blue Mitsubishi Pajero, driven by Steven Black, turned into the path of a white Hayabusa Suzuki motor cycle ridden by Nikolaos Mindzas. In the subsequent collision Mr Mindzas was thrown from his motorcycle into a ditch. He suffered a number of injuries; the most serious involved fractures of the radius and ulna of his right arm and fractures to the femoral shaft of his right leg. Those injuries amounted to grievous body harm. 2. Mr Black immediately called 000 telling them, "I've had an accident… I didn't see …I was just turning slowly." Later on in the 000 call Mr Mindzas can be heard saying; "He just pulled in front of me...." Exhibit B; Exhibit A - tab 15. 3. On 30 August 2021, at Wollongong District Court, Steven Black was indicted and said he was not guilty of a charge that he drove a motor vehicle in a manner dangerous to another person, whereby his vehicle was involved in an impact as a result of which grievous bodily harm was occasioned to Nikolaos Mindzas: s51A (3)(c) Crimes Act 1900 (NSW). 4. Mr Black had elected for trial by judge alone. That application was not opposed by the Director of Public Prosecutions (DPP). 5. As the trial was conducted without a jury I have a duty, not to just return a verdict but also to expose clearly and, if possible succinctly, my reasoning process. I must include in my decision fundamental propositions, principles of law and any necessary warnings or cautions that apply and, thus, operate to guide my evaluation of the evidence. I am required to summarise the crucial arguments of the parties, formulate the issues for decision and resolve all issues of law and fact that need to be determined so as to justify the verdict reached.