Case: Young Driver Found Not Guilty by Jury for E-bike Rider’s Death.
Our client was driving home from work around midnight. He drove at speed through a green light at an intersection and struck a person riding an e-bike with no helmet, had methamphetamine in their system, and had gone through the red light.
Charges/ Ch1 (Culpable Driving Causing Death); Ch2 (Dangerous Driving Causing Death); Ch3 (Careless Driving); Ch4 (Dangerous Driving)
Result/ Not Guilty by Jury at trial.
Our lawyer offered a resolution on careless driving at the earliest stage of proceedings arguing that the speed our client was driving at was careless. At the Committal Hearing the Culpable Driving charge was withdrawn, and the Crown proceeded on Dangerous Driving Causing Death.
Despite efforts to resolve the matter without going to trial, the Crown nonetheless proceeded with the charge and sought an immediate term of imprisonment.
At trial, our barrister argued the issue of causation – that it was the e-bike rider that caused his own death. The police did no work at all to establish the circumstances of the e-bike such as how fast it was travelling, the e-bike’s brand or the power of the motor. Evidence at trial also provided that the mortality of cyclists not wearing helmets is common even if our client had drove at the speed limit. The Jury duly found our client not guilty.
