Judgments

We have had an opportunity to give consideration to the way forward with this matter. Counsel and parties would appreciate that we would have all read the submissions in advance; and, therefore, having heard counsel today, we are satisfied that this is a matter in which the trial judge should have allowed the matter to go to the jury so that they could make a determination as to whether this was a case of dangerous driving, or negligent driving, or whether in fact the defendants were entitled to be acquitted. He did not do so and he fell into error. As a result, the appeal is allowed, and the matter will be sent back to the Supreme Court to be tried properly. We will be providing written reasons as soon as we are able to do so.

Pending before Privy Council?: no

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