Event and Time
Event Description
On 2 July 2017, at approximately 7:15 PM, the applicant driving a Nissan Patrol made a right turn from Burnley Street into Murphy Street, resulting in the collision that killed pedestrian Gordana Vlatkovic.
Application and Claims
After being found guilty of culpable driving causing death on 8 November 2018 and sentenced to seven years imprisonment (with a five-year non-parole period) on 21 December 2018, the applicant sought to challenge his conviction. On 21 December 2020, he applied for leave to appeal against the conviction and for an extension of time for filing the appeal, claiming a substantial miscarriage of justice due to factors surrounding his conviction.
Judicial Decisions
The court ultimately decided to refuse the application for an extension of time to file the appeal, determining that the applicant did not provide a satisfactory explanation for the delay and that the appeal itself lacked merit.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- The judge allegedly left the jury to convict him based on the presence of illicit drugs in his system or knowing his vision was impaired, even if his driving maneuver was not itself culpable. - The applicant argued that neither the drug presence nor impaired vision was sufficient to sustain a conviction for culpable driving.
- Prosecution's Arguments:
- The prosecution contended that the applicant exhibited gross negligence by: - Abruptly merging into the right-hand turning lane and making a hurried turn. - Driving with a significant level of illicit drugs (methylamphetamine and Alprazolam) in his bloodstream. - Acknowledging poor eyesight, particularly during night driving. - The prosecution emphasized the combined effect of these factors as establishing gross negligence that caused Vlatkovic’s death.