R v Bowman [2015] NSWDC 94

District Court New South Wales

Medium Neutral Citation: R v Bowman [2015] NSWDC 94 Hearing dates: 1 – 10 June 2015 Decision date: 10 June 2015 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Not guilty Catchwords: CRIMINAL - trial by judge, driving in a manner dangerous, "honest and reasonable mistake", "impact", falling off a motor vehicle, expert evidence - interpretation of injuries. Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: CTM v R [2007] NSWCCA 131 Fleming v The Queen (1998) 197 CLR 250 Jiminez v The Queen (1992) 173 CLR 572 Category: Principal judgment Parties: Director of Public Prosecutions Steven Bowman - Accused Representation: Counsel: Mr L Shaw – Crown Ms S Kluss - Accused

Solicitors: Director of Public Prosecutions Hadden Kemp Solicitors - Accused File Number(s): 2013/2701

Judgment

Introduction 1. Steven Bowman ("the accused") was arraigned on 1 June 2015 on a charge alleging that: "On 31 December 2012 at Narrabri in the State of New South Wales (he) did drive a motor vehicle, namely a Holden Commodore, in a manner dangerous to another person, whereby the vehicles involved in an impact as a result of which the death of Kim Barnes was occasioned. " 1. To this charge the accused pleaded he was 'not guilty'. The trial proceeded as a trial by Judge, in accordance with the provisions of s 132, 132A Criminal Procedure Act 1986, although the accused required leave to make the application given the timing of it. 2. The offence alleged against the accused is one contrary to s 52A(1)(c)/(5)(g).