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Ankur, Ankur v The Queen [2021] VSCA 110

Victorian Court of Appeal
Priest, Kaye and T Forrest JJA

Ankur, Ankur v The Queen

Judgment Date: 
4 May 2021

CRIMINAL LAW - Appeal - Conviction - Dangerous driving causing death - Applicant's vehicle driven at excessive speed in traffic in hazardous conditions - Applicant's explanation that before the accident he had engaged cruise control and it had stuck - Whether judge's direction to jury that applicant's expert evidence fell away upon rejection of applicant's explanation impermissibly reversed onus of proof - Whether judge's direction to jury equated applicant's explanation to fanciful possibility - Whether miscarriage of justice - Appeal allowed - Retrial ordered - Criminal Procedure Act 2009 s 276 - McKell v The Queen (2019) 246 CLR 307, Mathieson v The Queen [2021] VSCA 102 applied.

CRIMINAL LAW - Appeal - Sentence - Applicant sentenced to 5 years and 3 months' imprisonment with non-parole period of 3 years and 6 months - Whether judge erred in approach to applicant's psychological state as mitigating factor - Whether sentence manifestly excessive.