Rachael Louise BAKER v Regina [2008] NSWDC 336

New South Wales District Court

CITATION: Rachael Louise BAKER v Regina [2008] NSWDC 336

HEARING DATE(S): 30 January 2008 EX TEMPORE JUDGMENT DATE : 30 January 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - Conviction Appeal - Negligent driving occasioning grievous bodily harm

LEGISLATION CITED: Road Transport (Safety & Traffic Management) Act 1999 Crimes Act 1900

PARTIES: Rachael Louise Baker The Crown

FILE NUMBER(S): DC2008/12/1411

SOLICITORS: NSW DPP Sachs Gerace Lawyers (Appellant)

JUDGMENT

1 HIS HONOUR: Rachel Baker appeals against her conviction for negligent driving occasioning grievous bodily harm. The circumstances of the collision between her and a bicycle being ridden by Mr Sweeney are difficult to describe without the use of diagrams, but I will do my best.

2 Ms Sweeney intended to turn right, she therefore had to cross the path of vehicles coming towards her. She signalled her intention to turn right, but the car coming towards her (in the opposite direction to the way she was travelling) also wanted to turn right. He had also signalled and the two vehicles came to a stop at the intersection.

3 Behind the other vehicle was Mr Sweeney on his bicycle. Precisely where he was when Ms Baker got to the intersection is unknown, but what happened was this: after something of a stand-off where both Ms Baker's vehicle and the other vehicle remained where they were, Ms Baker turned right. She said that she did not see any traffic coming in the other direction and believed it was safe to do so.

4 As she turned right, however, she saw Mr Sweeney on his bicycle. He had overtaken the other car on the left of that other car because it was stationary and turning right. Ms Baker got part way across the roadway when she saw Mr Sweeney, she immediately stopped, but although Mr Sweeney swerved he collided with the front driver's side of Ms Baker's vehicle causing him significant injuries which, there is no dispute, amounted to grievous bodily harm.