Charged with Dangerous Driving?
In the case of R v JOHNY GEORGE KURUVINAKUNNEL [2012] QCA 330; Her honour stated that, the following directions by trial judge lead the jury into erroneous reasoning:
“The prosecution must exclude beyond a reasonable doubt the possibility that the driving onto the incorrect side of the road by the defendant occurred independently of the exercise of the will because at the time he fell asleep momentarily and unexpectedly.”
And
“The prosecution do not have to prove that he intentionally drove onto the wrong side of the road. It has to prove that when he did that he was conscious”.
The news regarding this case – https://www.couriermail.com.au/news/queensland/sunshine-coast/driver-not-guilty-in-new-trial/news-story/5f30ccf9f0c809769de57524d48f30b3
If you have been involved in a motor vehicle accident and need legal help, you should contact an expert defence lawyer as soon as possible.