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R v Sacks [2020] NZDC 131

Published 13 January 2025

Judge-alone trial — careless operation of a motor vehicle causing injury — carelessness — injury — proof beyond reasonable doubt — Police v Chapple [1974] 1 NZLR 225 — Comins v Police HC Whangarei CRI-2011-488-000013 — Land Transport Act 1998, ss 8 & 38. The defendant faced one charge of careless operation of a motor vehicle causing injury. His car had collided with a scooter after he made a turn, causing the scooter driver to fall and suffer two broken bones. The main issue was whether the defendant had been careless. Carelessness is assessed on an objective basis, and case law states the standard for driving offences is that of a reasonably prudent driver. As a reasonably prudent driver would check the road ahead was clear before making a turn into it, the defendant had been careless. A conviction was entered against the defendant. Judgment Date: 7 January 2020