Published 10 April 2019
Criminal costs application — careless driving charge — Costs in Criminal Cases Act 1967, s 5 — Criminal Procedure Act 2011, s 147. The defendant made an application for costs under the Costs in Criminal Cases Act following the dismissal of a charge of careless driving causing injury. The defendant was driving a bus and made a right hand turn, but failed to see the injured party who was riding a motorcycle with his wife. The charges were dismissed under s 147 of the Criminal Procedure Act, as the Judge was not satisfied the defendant's driving that day fell below the standard expected of a reasonable and prudent driver so as to qualify as careless. The defendant had written two letters before the trial to Police Prosecutions arguing the charge would not be made out as the Police had the CCTV footage that the defendant argued exonerated him, and that he would pursue criminal costs upon acquittal. The Judge dismissed the application for costs, finding that the CCTV footage was not the only evidence considered as the Judge had also considered the evidence provided by the injured party and his wife. Judgment Date: 1 June 2018. * * * Note: names have been changed to comply with legal requirements. * * *
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