Aiken v R [2014] NSWCCA 213

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Aiken v R [2014] NSWCCA 213 Hearing dates: 3 October 2014 Decision date: 03 October 2014 Before: Hoeben CJ at CL at [1]; Rothman J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against conviction - dangerous driving occasioning death - judge-alone trial - whether insufficient reasons given for conclusion as to dangerous driving - whether verdict unreasonable or not supported by the evidence - no contention that findings of fact were not open to be made - findings amply supported conclusion as to dangerousness of driving - verdict not unreasonable or unsupported Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Fleming v The Queen [1998] HCA 68; 197 CLR 250 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Frances Mary Aiken (Appellant) Regina (Respondent) Representation: Counsel: Ms A Cook (Appellant) Ms T Smith (Crown) Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2011/217080 Decision under appeal Date of Decision: 2013-12-13 00:00:00 Before: McLoughlin SC DCJ File Number(s): 2011/217080

Judgment 1HOEBEN CJ at CL: I agree with R A Hulme J. 2ROTHMAN J: I also agree with R A Hulme J. I confirm that upon my own reading of the evidence at trial I am satisfied that the verdict was not unreasonable or unsupported. 3R A HULME J: Frances Mary Aiken was found guilty after a judge-alone trial in the District Court of an offence of driving in a manner dangerous to other persons whereby her car was involved in an impact which occasioned the death of Mathew Aiken. 4This is an offence contrary to s 52A(1)(c) of the Crimes Act 1900 (NSW) for which the maximum penalty is imprisonment for 10 years. His Honour Judge McLoughlin SC subsequently sentenced Ms Aiken to imprisonment for 2 years and 6 months, with a non-parole period of 1 year and 3 months, with effect from 13 December 2013. 5The appeal is only against conviction. 6The grounds of appeal assert that the judge failed to give sufficient reasons for his determination that the appellant was driving in a manner dangerous to other persons (ground 1) and that the verdict of guilty is unreasonable and cannot be supported by the evidence (ground 2). There is no merit in either ground.