R v Schilder (No 1) [2013] NSWDC 23

District Court New South Wales

Medium Neutral Citation: R v Schilder (No 1) [2013] NSWDC 23 Hearing dates: 2-3 May 2012, 25-28 September 2012, 10-14 December 2012 Decision date: 23 January 2013 Before: Neilson DCJ Decision: In relation to the offence of Aggravated dangerous driving occasioning death, acquitted In relation to the offence of Dangerous driving occasioning death, convicted In relation to the offence of Aggravated dangerous driving occasioning grievous bodily harm, acquitted In relation to the offence of Dangerous driving occasioning grievous bodily harm, acquitted Catchwords: CRIMINAL LAW - Trial by judge alone - Aggravated dangerous driving occasioning death - Aggravated dangerous driving occasioning grievous bodily harm - Circumstance of aggravation - Whether accused drove vehicle exceeding speed limit by 45 km/h - Accused suffered complex partial epileptic seizure leading to collision - Accused previously involved in motor accidents caused by his epilepsy - Accused lied to psychologist and RTA to obtain renewal of licence - Accused was sleep deprived - Speed of accused's vehicle prior to his having a seizure unknown - Expert evidence - Accident reconstruction - Question of speed of accused's vehicle at time of collision - Reliability of lay opinion as to speed - Issue of voluntariness of accused's actions following seizure Legislation Cited: Crimes Act 1900 s 52A Evidence Act 1995 s 165 Cases Cited: Gillett v R [2006] NSWCCA 370 Hill v Baxter [1958] 1 QB 277 Jiminez v R [1992] HCA 14; 173 CLR 572; 106 ALR 162 R v Gillett [2005] NSWDC 20 Category: Principal judgment Parties: Regina (Crown) Daniel Gordon Schilder (Accused) Representation: Ms K Ratcliffe (Crown) Ms D Yehia SC (Accused) Ms L Cocca (Crown) Ms S Foggo (Accused) File Number(s): 2011/055324