Irvin v R [2024] NSWCCA 70

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Irvin v R [2024] NSWCCA 70 Hearing dates: 10 April 2024 Date of orders: 13 May 2024 Decision date: 13 May 2024 Before: Payne JA at [1]; Mitchelmore JA at [112]; Wilson J at [113] Decision: (1) Application for leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIME – Appeals – Appeal against conviction – whether jury verdict unreasonable – collision between applicant's and deceased's vehicles – where applicant convicted of dangerous driving occasioning death while under influence of intoxicating liquor against Crimes Act 1900 (NSW) s 52A(1)(a) – defences – where applicant relied on defence under Crimes Act s 52A(8) that death not in any way attributable to his intoxication – where applicant bore onus of proving defence on balance of probabilities – whether jury bound to find defence proven on whole of evidence – whether only available finding was that collision occurred in applicant's lane and therefore not attributable in any way to applicant's intoxication – assessment of evidence – whether jury bound to find eye witness's account unreliable – jury's advantage in assessing witnesses – assessment of expert evidence – validity of assumptions made by experts Legislation Cited: Crimes Act 1900 (NSW) ss 52A, 52AA, 52AB Criminal Appeal Act 1912 (NSW) ss 5, 6 Cases Cited: Dansie v R (2022) 96 ALJR 728; [2022] HCA 25 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 R v F [1957] SR(NSW) 543 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Category: Principal judgment Parties: Dennis Maxwell Irvin (applicant) Crown (respondent) Representation: Counsel: