VICVSCA
R v Taylor [1999] VSCA 206
[1999] VSCA 206
Court of Appeal (Vic)|1999-11-30|Before: BROOKING, PHILLIPS and BUCHANAN, JJ.A.
View original sourceAt a glance
Source factsCourt
Court of Appeal (Vic)
Decision date
1999-11-30
Before
BROOKING, PHILLIPS and BUCHANAN, JJ.A.
Source
Original judgment source is linked above.
Judgment (10 paragraphs)
[1]
- The applicant refused to answer any questions about the accident and gave no evidence on the plea. His three passengers were regarded by the Crown as unreliable witnesses. In the result there is no account of the accident or the events immediately leading up to it from any occupant of the car. But, as might be expected, there were many people in the general vicinity of the accident, some on foot and some in vehicles, for it was, as I have said, about 7.20 p.m. on New Year's Eve. The weather was fine. The judge accepted the version of how the accident had occurred put forward by the Crown. In the account which follows I draw on the evidence of a number of witnesses, some of whom were on foot and some in cars. They all tell of the frightening speed and course of the Mazda from the time it was seen approaching Coppin Road until the accident occurred a very short time later. Where in my composite account I give impressions rather than estimates, this reflects the evidence of some of the witnesses. A pedestrian who saw the car cross Coppin Road gained the impression that the driver was going as fast as he could. His companion said that the car crossed Coppin Road at about 60 to 70 kilometres per hour, without slowing at all, and then accelerated, and that the engine was revving wildly. There were numerous pedestrians on or near the road and the driver showed no regard for them. As the car negotiated the bend to the right in Newton Avenue it was still accelerating and its back end slipped sideways, evidently because of its excessive speed: there was no other apparent reason. The car disappeared from the view of those two witnesses, but almost immediately afterwards it came into the view of the driver of a car who, having been travelling north, had turned out of Bowen Road into Newton Avenue so as to travel west. He saw the Mazda after it had negotiated with difficulty and danger the bend to the right and then travelled a short distance up hill so as to reach the crest from which Newton Avenue ran down hill to the intersection of Bowen Road. This witness was driving slowly because of the presence of numerous pedestrians. The Mazda came over the crest out of control. The car was travelling sideways and at an angle of 15 degrees to the road. Its front was heading towards the offside rear of his car. He himself was travelling at only about 20 kilometres per hour and braked and pulled heavily to the left. The Mazda pulled to its left and a collision was narrowly averted. The Mazda was still travelling at a frighteningly high speed. In pulling to his left to avoid a collision the Mazda driver appeared to have over-corrected and the car travelled in a left arc through the intersection. The driver of another car, in Bowen Road, described the Mazda as a flash of yellow, as out of control and as travelling at an angle of 10 degrees to the centre line. The driver of another car, again in Bowen Road, described the Mazda as travelling very fast and as becoming airborne as it entered the intersection of Bowen Road and remaining airborne for some distance. According to another witness, the Mazda not only became airborne but did not hit the ground until it reached the nature strip on the far side of the intersection. Police tests were said to show that the Mazda's speed at impact was over 65 kilometres per hour. Yet another witness described the Mazda as entering the intersection of Bowen Road with three quarters of the vehicle on the wrong side of the road.