R v Adamczyk [2010] NSWDC 76

New South Wales District Court

CITATION: R v Adamczyk [2010] NSWDC 76

HEARING DATE(S): 17 March 2010

JUDGMENT DATE: 18 March 2010

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ

CATCHWORDS: CRIMINAL LAW - particular offences - offences against the person - driving offences - dangerous driving causing death or bodily harm

LEGISLATION CITED: Crimes Act 1900

CASES CITED: Jiminez v The Queen (1992) 173 CLR 572

PARTIES: The Crown Peter Michael ADAMCZYK

FILE NUMBER(S): 2009/131894

COUNSEL: Mr C McPherson for the Crown Mr R Steward for the Accused

SOLICITORS: The Department of Public Prosecutions for the Crown Hansons Lawyers for the Accused

Opening Remarks

1 The accused is charged with the offence, that on 12 May 2008, at Conjola, he drove a motor vehicle in a manner dangerous to another person when it was involved in an impact as a result of which the death of Catherine Adams was occasioned.

2 On 15 March 2010 the accused elected to be tried by a judge alone and the Director of Public Prosecutions consented. I was satisfied that, before making the election, the accused had sought and received advice from a solicitor.

3 I now set out the principles of law that I apply and the findings of fact that I make for the purpose of arriving at a verdict.

Onus And Standard Of Proof

4 I am aware that the Crown has the task of proving the accused's guilt beyond reasonable doubt. The accused is presumed to be innocent unless and until the Crown proves him guilty beyond reasonable doubt. Suspicion must play no part in my function as the judge of the facts. As long as I have a reasonable doubt about the guilt of the accused I must return a verdict of not guilty. I am aware that the Crown does not have to prove the truth of each statement of each Crown witness. The Crown must prove each legal element of the offence beyond reasonable doubt.