R v Ranasinghe [2024] NSWDC 390

District Court New South Wales

Medium Neutral Citation: R v Ranasinghe [2024] NSWDC 390 Hearing dates: 12 August 2024, 16 August 2024. Date of orders: 30 August 2024 Decision date: 30 August 2024 Jurisdiction: Criminal Before: Bennett SC ADCJ Decision: See [3] and [74]. Catchwords: CRIME – Dangerous Driving Occasioning death – Negligent Driving Occasioning death – Judge Alone Trial. Legislation Cited: Crimes Act 1900 s52A(1)(c) Criminal Procedure Act 1986 NSW s132, s132A, s133 (2) (3) Cases Cited: Fleming v R (1998) 197 CLR 250 Shepherd v the Queen [1990] HCA 56; (1990) 170 CLR 573 Category: Principal judgment Parties: Diaz Ranasinghe (Defendant) The Crown (Prosecution) Representation: Counsel: D Price (Counsel for the Accused) M Pincott (Crown) Solicitors: R Candelori (Defence) Office of the Director of Public Prosecutions File Number(s): 2021/00348967 Publication restriction: Nil

JUDGMENT

Introduction 1. This trial arose from a collision between a truck and bicycle about 10:30am on 8 December 2021 on Thyra Road, Moama. 2. The accused appears for trial upon an indictment alleging one count, that he; On the 8th day of December 2021, in Moama in the State of New South Wales, did drive a vehicle, namely, a white Volvo FM 12 Kerosene Tanker bearing Victorian registration XAU-037, when it was involved in an impact occasioning the death of Robert Arnold, and at the time of the impact the said Diaz Ranasinghe was driving in a manner dangerous to another person. S 52A(1)(c) Crimes Act 1900 Law part code 140 [1] 1. For the reasons herein I am not persuaded beyond reasonable doubt of the accused's guilt. I am not persuaded that the combined facts and circumstances lead to the contention advanced by the Crown as the only rational conclusion to draw.