Regina v Nicholas Sanders [2007] NSWDC 325

New South Wales District Court

CITATION: Regina v Nicholas Sanders [2007] NSWDC 325

HEARING DATE(S): 3 October 2007

JUDGMENT DATE: 3 October 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Conviction set aside.

CATCHWORDS: Criminal law - Conviction Appeal to District Court - Driving offence - Standard of proof not met

LEGISLATION CITED: s42(2) Road Transport (Safety and Traffic Management) Act 1999 s20(1)(a) Crimes (Appeal and Review) Act 2001

PARTIES: Regina Nicholas Sanders

FILE NUMBER(S): 07/52/0329

SOLICITORS: Ms Mudge for the Respondent Mr Falcomata for the Appellant

JUDGMENT

1. This is a case where I think the events which the prosecution say occurred probably happened. But it is a criminal prosecution and the probability of the events happening is not sufficient for me to be convinced, of course, beyond reasonable doubt. As Ms Mudge said, who appeared for the Respondent, this is a case where there were two different versions of the events.

2. The two prosecution witnesses were public servants working in a building in Armidale. They had a good view of a park across the road. Their evidence was that they saw a car doing what they described as "doughnuts" in the park. I understand doughnuts are a manoeuvre where a car with a combination of breaking and accelerating spins around on an axis. They observed the car doing this in the park on 16 May 2006. Statements were taken from them at the same time, after they reported it to the police. As Ms Mudge said they were sufficiently concerned with the driving of this car that they reported it to police.

3. Although that does not assist me in determining whether the nature of such driving would be driving in a manner dangerous, I accept Ms Mudge's submission that performance of the manoeuvre involves a degree of loss in control over the car. If the Appellant in this case, Nicholas Sanders, performed this manoeuvre, his own evidence is that he had a passenger with him. In my opinion that passenger's safety was in danger by such a manoeuvre and it is correctly described as driving in a manner dangerous.