Bushby v R [2016] NSWCCA 205

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bushby v R [2016] NSWCCA 205 Hearing dates: 5 September 2016 Date of orders: 28 September 2016 Decision date: 28 September 2016 Before: Gleeson JA at [1]; Price J at [2]; Hidden AJ at [99] Decision: Appeal dismissed Catchwords: CRIMINAL LAW – conviction appeal – dangerous driving causing grievous bodily harm – failing to stop after an impact which caused grievous bodily harm – whether the verdict of the jury was unreasonable and could not be supported by the evidence – whether the Crown established beyond reasonable doubt that the appellant was driving the vehicle at the time of impact – identification evidence – post-offence conduct – lies – consciousness of guilt Legislation Cited: Crimes Act 1900 (NSW), ss 52A, 52AB Evidence Act 1995 (NSW), ss 165, 191 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 14 Cases Cited: Libke v R (2007) 230 CLR 559; [2007] HCA 30 Sio v R [2015] NSWCCA 42 Category: Principal judgment Parties: Brooke Bushby (Appellant) Regina (Respondent) Representation: Counsel: P Skinner (Appellant) N Williams (Respondent )

Solicitors: Armstrong Felton (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2014/94967 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 13 July 2015 Before: Blackmore SC DCJ File Number(s): 2014/94967