replied 1 year ago.
If your Honour pleases, my name is***** and I am appearing with my learned friend Nicole Wang, for the prosecution. We are instructed by Niamh Braddock Hanratty.
Good afternoon Ladies and Gentleman.
May it please the Court Your Honour, my name is***** and I appear for the prosecution here today, Ms Cameron Visser.
I am present here today to prove charge of the defendant. In order to do this, the prosecution bears the onus that the defendant, under the Crimes ct 1900 Section 52 A (3) beyond reasonable doubt, engaged in dangerous driving, occasioning in grievous bodily harm. The defendant here today, Ms Ashley Stone, did, in fact, on 30th March 2015, at Uki, New South Wales, drive a motor vehicle, a motor car registered CAR007, in a manner dangerous to the public, when the vehicle was involved in an impact whereby grievous bodily harm was caused to my client, Cameron Visser.
As the prosecution, we bear the onus that:
1. the accused was the driver of the vehicle; and
2. that the vehicle was involved in an impact, with another vehicle; and
3. that the impact caused grievous bodily harm; and
4. that, at the time of the impact, the accused was driving the vehicle in a manner dangerous to another person
Today, you will be presented with evidence and will hear testimony from my witness which will leave you in no doubt in your mind of the guilt of the defendant.
Our key witness for this case is Ms Cameron Visser. Ms Cameron Visser’s testimony will provide evidence that she is both a very experienced and cautious motorbike rider. She and our second witness, Drew Jettinson, were driving along Carrie Dam Road, whereby the car of the defence, suddenly pulled out and crashed into my client, causing him serious injury. This testimony shows that the defendant Ashley Stone admits that they were distracted while driving.
Our second witness for this case, will provide further evidence for the dangerous driving undertaken by the defendant which directly caused physical harm to my client, which was out of my client’s control.
In the Year of 1938, the case of R v Coventry, the burden of proof required was that the defendant was driving in a manner, which presented danger to the public, which would be recognized by any ordinary person as dangerous. Ladies and gentlemen, in tonight’s court trial, you will find that the defendant was distracted by the scenery of the road, and because of his distracted state and inattentiveness, admitted to not even noticing my client on the motorbike, resulting in a terrible accident. This case follows the precedent of the case of R v Conventry, as driving in a manner which presents risk to the public is in fact dangerous driving.
In the year of 2012, we had a very similar incident occur. The accused was driving a Landcruiser with four passengers, while towing a trailer, while operating his Ipod. His inattentiveness caused a rollover. Judge Barrett was satisfied beyond reasonable doubt that the accused’s driving would have been recognized by a reasonable person in his position as representing an unacceptable risk of danger to the public. Like the high degree of vigilance required in this case which was disregarded by the driver, a high level of vigilance is required by car drivers, especially where motorbikes are present and are less protected than car drivers. This case, ladies and gentlemen, has set a precedent. This case is in fact very similar to the one we have here today, whereby the inattentiveness of a car driver directly caused the grievous injury to an innocent motorbike driver. Therefore, Ashley Stone is extremely accountable for charge.
Thus, beyond reasonable doubt, the defendant engaged in dangerous driving which directly caused the injuries of my client Ms Cameron Visser.