R v Saunders [2002] NSWCCA 362

Reported Decision : (2002) 133 A Crim R 104

New South Wales Court of Criminal Appeal

CITATION : R v Saunders [2002] NSWCCA 362 FILE NUMBER(S) : CCA 60839/01 HEARING DATE(S) : 19 August 2002 JUDGMENT DATE : 29 August 2002

PARTIES : Shane Saunders - Appellant Crown - Respondent JUDGMENT OF : Hodgson JA at 1; Simpson J at 2; Smart AJ at 44

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/31/0324 LOWER COURT JUDICIAL Mahoney DCJ OFFICER :

COUNSEL : P Ingram - Crown L Flannery - Appellant SOLICITORS : SE O'Connor - Crown DJ Humphreys - Appellant CATCHWORDS : dangerous driving causing death - dangerous driving causing grievous bodily harm - s52A(1) and (3) Crimes Act 1900 - test when determining dangerous driving - distinction between negligence and dangerous driving - no onus of proof on accused LEGISLATION CITED : Crimes Act 1900 Criminal Appeal Rules R v Goodman (unreported, NSWCCA 10 December 1991) CASES CITED: McBride v the Queen (1966) 115 CLR 44 R v Hopton (unreported, NSWCCA, 8 October 1998) DECISION : (i) appeals against conviction upheld; (ii) each conviction quashed; (iii) the sentences imposed quashed; (iv) a new trial be held.

IN THE COURT OF CRIMINAL APPEAL 60839/01

HODGSON JA SIMPSON J SMART AJ

29 August 2002 REGINA v Shane SAUNDERS Judgment 1 HODGSON JA: I agree with Simpson J. 2 SIMPSON J: On 20 September 2001 the appellant was convicted by a jury on all counts on an indictment charging one offence of dangerous driving causing death and two offences of dangerous driving causing grievous bodily harm. On the charge of dangerous driving causing death he was sentenced to imprisonment for four years with a non-parole period of two years. On each of the charges of dangerous driving causing grievous bodily harm he was sentenced to imprisonment for three years with a non-parole period of eighteen months. All sentences were specified to be served concurrently, commencing on 20 September 2001, the date of the convictions.