R v Grant [2021] NSWDC 643

District Court New South Wales

Medium Neutral Citation: R v Grant [2021] NSWDC 643 Hearing dates: 1, 2, 4, 5, 8 and 22 November 2021 Date of orders: 26 November 2021 Decision date: 26 November 2021 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: 1. Guilty in respect of Count 1 2. Guilty in respect of Count 2 3. Guilty in respect of Count 3 Catchwords: CRIMINAL LAW –– Driving offences – Dangerous driving occasioning death – Failing to stop and assist – Police pursuit – Where the Accused was under the influence of intoxication CRIMINAL LAW –– Judge alone trial – Where the Accused relies on an involuntary act – Where the Accused relies on previous medical conditions rendering his ability to have been cognitively aware of his offending conduct – Where the main defence relied upon was somnambulism – Where the hypotheses relied upon by the Defence was not supported by the expert evidence – Where the offences have been proven beyond reasonable doubt Legislation Cited: Crimes Act 1900 (NSW) ss 51B, 52A, 52AB Criminal Procedure Act 1986 (NSW) ss 133, Evidence Act 1995 (NSW) s 136 Cases Cited: Filippou v The Queen (2015) 256 CLR 47 Fleming v R (1998) 197 CLR 250 The Queen v Falconer (1990) 171 CLR 30 Yousef v R (1990) 50 A Crim R 1 Category: Principal judgment Parties: Regina (the Crown) Kenneth Wayne Grant (the Accused) Representation: Counsel: Mr L Carr SC (the Crown) Mr P Boulten SC (the Accused)