Event and Time
Event Description
On the evening of August 18, 2018, Mr. Lu was involved in a fatal collision while driving his white Toyota HiAce van. He failed to stop at a red traffic light while approaching a pedestrian crossing in Blackburn North, striking ten-year-old Jack Power, who was crossing with his friends.
Application and Claims
- Mr. Lu’s Actions: Mr. Lu claimed he was driving at normal speed and believed the traffic light was green. After the collision, he attempted to assist Jack by moving him off the road and called emergency services.
- Prosecution Claims: The prosecution presented evidence indicating Mr. Lu was inattentive and failed to respond to traffic signals, arguing this constituted dangerous driving causing death.
Judicial Decisions
Mr. Lu pleaded guilty to one charge of dangerous driving causing death, an offence that carries a maximum penalty of ten years’ imprisonment.
Dispute Points and Legal Basis
Dispute Points
- Claim from Mr. Lu:
- Maintained that he was not speeding and claimed there was no negligence on his part. - Reported emotional distress and remorse after the incident.
- Claim from Prosecution:
- Argued that Mr. Lu's failure to stop for a red light showed a lack of due care, characterizing the driving as dangerous. - Highlighted that distinct evidence of braking indicated he was inattentive before reaching the crossing.
- Victim Impact:
- Victim impact statements were presented, detailing the emotional turmoil and grief faced by Jack's family and friends due to the tragic incident.