Event and Time
Event Description
- On 12 August 2021, Dale Kennett was found guilty of dangerous driving causing death but not guilty of leaving the scene of an accident.
- The incident occurred on 9-10 March 2020 while Kennett was sleeping in his car outside a friend’s home in Hamilton.
- After a night out, Mr. Young and others returned to the Henry Court address. Mr. Young ended up lying on the roadside near Kennett's car after getting out of a taxi.
- Upon being awoken by Mr. Kelly banging on his car, Kennett reversed his car and accelerated away without seeing Mr. Young.
Application and Claims
- Dale Kennett's Defence:
- Claimed he acted in fear of being attacked by Mr. Kelly and did not see Mr. Young on the roadway. - Stated that he thought he might have run over a wheelie bin rather than a person.
- Prosecution's Claims:
- Argues that Kennett's actions amounted to dangerous driving since he accelerated at a pace that left tire marks and painted a context where he failed to exercise proper caution. - Emphasized the negligent nature of driving while impaired by drugs and with obscured vision.
Judicial Decisions
- A jury found Kennett guilty. The decision was based on learned evidence indicating that despite his claims, his driving actions posed a significant risk, leading to the death of Mr. Young.
Dispute Points and Legal Basis
Dispute Points
- Kennett's Argument:
- He reacted out of fear after being abruptly awoken and believed he was only escaping an attack. - Woke up disoriented with fogged windows and did not see Mr. Young on the road.
- Prosecution's Counterargument:
- Asserted that Kennett's decision to reverse and accelerate without visibility was reckless and dangerous. - Highlighted that he had a history of similar offenses and was aware of being on a community correction order at the time of the offense.