Re-hearing — careless driving — appeal from Justices of the Peace — standard of proof — beyond reasonable doubt. The defendant appealed a conviction of careless driving from the Justices of the Peace. The burden was on the police to prove beyond a reasonable doubt that the defendant had driven carelessly. Whether a person drives carelessly is a question of fact, so the key issue for the Judge to decide, based on the evidence, was whether the defendant exercised the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances. The victim and an independent witness gave evidence that the defendant travelled past stationary traffic down a median strip to the right of two lanes of traffic, which had stopped to allow the victim's vehicle to cross and then collided with the victim's car. The Judge found this evidence proved beyond a reasonable doubt that the defendant had driven carelessly. A prudent driver would not pass stationary traffic without ensuring as best they could that the road ahead was clear. The defendant was found guilty of the charge. Judgment Date: 21 February 2019.