| Case | Offence | Plea | Sentence | Appeal | Record | Facts |
NGO
NSW CCA 15.11.1996 | s.52A(1)
Sched:
Unlicensed driver
Possess heroin | PG | MT 12m
AT 4m | Crown AD | bad | Struck pedestrian / cyclist at pedestrian crossing. Failure to keep proper lookout. Excessive speed for circumstances, but not above speed limit. Fled scene but later contacted police. |
GORE
(24)
NSW CCA 27.11.1996 | s.52A(1) | PG | MT 4y
AT 2y | AD | drugs, disqualified driver at time of offence. | Driving on wrong side of road at high speed. Struck deceased. Affected by alcohol and heroin.
Contrition. |
SELLERS
(60)
(1997) 92 A Crim R 381 | s.52A(1)(a) | PG | MT 1y
AT 2y | Crown AA
MT 3y
AT 2y | DUI, restricted licence at time of offence. | Drove aggressively in car park. Drove into D’s car. D struck and dragged for fifteen metres. Drove off at high speed on wrong side of road and collided with bus.
Alcohol reading: .145 - .150. |
MEEHAN
NSW CCA 8.4.1997 | s.52A(1)(c) | PG | MT 3y
AT 1y | AD |  | Ran over wife on bush track. Driving into sun affected vision. Judgement affected by alcohol. Car “spectacularly unroadworthy”.
Suffering genuine grief. |
MASELLA
(41)
NSW CCA 14.5.1997 | s.52A(1)
s.52A(3)
Sched:
unregistered car
unlicensed driver | PG | MT 3y
AT 1y
FT 2y (concurrent) | AD | drugs | With girlfriend and daughter driving to Queensland. Collided with oncoming semi-trailer whilst overtaking. Killed girlfriend & injured daughter. Affected by amphetamines. |
SMITH
(18)
95 A Crim R 373 | s.52A(1) | PG | Home Detn
MT 6m
AT 2m | Crown AA
Home Detn
MT 12m
AT 4m | nil | Lost control of car running into tree. Killed friend who was passenger. Impaired by cannabis. Driving at excessive speed. |
SLUKA
NSW CCA 28.7.1997 | 4 x s.52A(1)(c) | PG | MT 3y 6m
AT 2y 6m | AD | good character. | Truck driver drove onto wrong side of road at high speed. Collided with oncoming car killing 4 occupants. Affected by amphetamines. Prior to accident had been veering onto wrong side of road. |
TAPFIELD
(27)
NSW CCA 30.7.1997 | s.52A(1)(a)
Sched:
Fail to stop
Drive whilst disq. | PG | MT 1y
AT 9m
LC disq 3yrs | Crown AA
MT 1y 9m
AT 1y 3m
LC disq 3 yrs | bad driving record: mid-range PCA. Disq at time of offence.
Dishonesty & drugs - prison. | Drove into breakdown lane hitting cyclist. Failed to stop. Pursued by truck drivers. Took heroin after starting to drive knowing would be driving for long period. |
PELLOW
(21)
NSW CCA 1.8.1997 | s.52A(1)
s.52A(3) | PG | 500 hrs CSO
LC disq 5yrs. | Crown AA
PD 12mths
LC disq 5 yrs. | Nil | Fell asleep at wheel. Crossed to wrong side of road. Collided with victims’ car. Shift worker who had not slept for 24 hrs. Strong subjective features. |
MARLIN
(34)
NSW CCA 10.9.1997 | 2 x s.52A(1)(c) | PG | CSO 200 hrs. LC disq 12m | Crown AD
“Facts were of a kind rarely seen from which a sentencing pattern could be discerned.” | Nil | Driving in paddock with friend and young daughter. No seatbelts and no roof on 4WD. Deliberately making car skid. Hit hummock and passengers thrown out. Car rolled and killed both.
Suffering deep remorse, especially from death of daughter. |
PATTENDEN
NSW CCA
1.10.1997 | s.52A(1)
s.52A(3) | PG | MT 2y
AT 3y
(concurrent sentence) | AD |  | Veered onto wrong side of road. Head-on collision with elderly couple’s car. Drug addict. Affected by heroin & alcohol.
SJ had taken into account hardship to third party - 8y son |
MUSUMECI
(22)
NSW CCA
30.10.1997 | s.52A(1) | PG | 15m PD.
LC disq 3 yrs | Crown AA
MT 8m
AT 7m
(take into account 4m PD)
LC disq 3 yrs | minor speed offence | Tow truck driver collided with victim’s car at excessive speed. Mounted kerb and crashed into shop, killing proprietor. Drove heavy vehicle in busy shopping area where 2 of 3 lanes blocked, restricted vision and at excessive speed. Previously had run red light.
Good character. |
FULLER
(24)
NSW CCA
4.3.1998 | s.52A(1)
Sched:
s.52A(3) | PG | MT 3y
AT 2y | AA
MT 2y
AT 3y | minor criminal and traffic record | Drove small lorry as work car. After drinking at hotel drove two friends. Veered on to median strip, back across road and collided with tree. Lorry slid on roof. Passenger in tray killed. Passenger in cab injured. Alcohol reading: .176. |
ROMANOV
(26)
NSW CCA
26.6.1998 | s.52A(1)(a) | PG | MT 18m
AT 18m | AD | minor | Driving down King St, Newtown, braked suddenly and mounted kerb. Killed pedestrian and crashed into shop. Alcohol reading: .125 - .140 |
LEMOTO
(18)
NSW CCA
24.7.1998 | 2 x s.52A(1) | VG | 500hrs CSO
3y disq | Crown AA
PD 2y 6m | nil
on provisional licence (age) | Driving down dark road after dark and knew headlights failing. Continued to drive and failed to see pedestrians crossing road. Both killed. |
THACKRAY
NSW CCA
19.8.1998 | s.52A(1) | PG | Home Detention 18m | Crown AA
MT 3y
AT 1y | high range PCA (1991) | Intoxicated (0.127-0.387). Crashed into cars in one street and continued driving. Kept driving although air bag expanded. Collided with car at intersection and killed driver. Excellent character. |
| Case | Offence | Plea | Sentence | Appeal | Record | Facts |
Comber
(32)
NSW CCA
11.11.1998 | s.52A(1)
s.52A(3) | PG | MT 22m
AT 20m
FT 22m
(concurrent)
Disq 5yrs
30% discount assistance. | AD | nil | Female drove friend and two children to service station. Friend obtained heroin and both injected. Not habitual user and did not expect reaction. Crashed into tree killing one child and injuring the other. Amphetamine user. Genuine remorse. |
Hill
NSW CCA 4.12.1998 | s.52A(1)
Sched:
drive whilst disq | PG | MT 3y
AT 3y | AA
MT 2y
AT 2y 6m | Disq driver for high PCA | Driving with friend in country. Drinking all evening (alcohol 0.113) and speeding (139-149 kph in 110 zone). Lost control on bend and rolled car. Passenger killed instantly. Medium to upper range seriousness. |
Douglas
(27)
NSW CCA
11.12.1998 | 2 x s.52A(1) | PG | 12m PD | Crown AA
MT 18m
AT 18m | Nil - good traffic record for truck driver. | Professional truck driver. Drove into back of car killing two passengers. Failure to keep proper lookout. Affected by drugs (amphetamines) and fatigue. Genuine remorse. |
Howland
(22)
NSW CCA 24.2.1999 | s.52A(1) | VG | 1y 6m PD | Crown AA
MT 9m
AT 9m | nil | Drove truck around vehicle which had stopped at intersection against amber light. Collided with driver of motor cycle crossing intersection. Deliberate conduct taking calculated risk. No “abandonment of responsibility” as per Jurisic. |
Mansour
(40)
NSW CCA 25.6.1999 | s.52A(1) | PG | MT 2y
AT 2y | AA
MT 1y
AT 1y | Nil | Female - Driving at high speed overtaking other vehicles. Crossed onto wrong side of road colliding with oncoming vehicle. No traffic infringements over 23 years. Remorse, shock. |
Menzies
(28)
NSW CCA 2.8.1999 | s.52A(1) | VG | Home Detention
MT 12m
AT 6m | Crown AD | disobey traffic lights, speeding, unlicensed driver, PCA | Struck pedestrian at pedestrian crossing. Driving in excess of 70kph. Failure to keep proper lookout.
CCA applied Jurisic (full-time custody should have been imposed) but declined to intervene as Home Detention order almost finished. |
Wells
(23)
NSW CCA 4.8.1999 | s.52A(1)
Sched:
4 x BE&S | PG | MT 4y
AT 2y | AD | driving record | Under influence of drugs. Erratic driving. Drove onto median strip trying to overtake traffic. Lost control and went across two lanes of traffic. Hit by a truck and went through gap in concrete barrier killing victim working behind barrier. |
Tomson
NSW CCA 11.8.1999 | s.52A(1) | PG | 3y GBB
Disq 6m
(Sentence details from JIRS case summary). | Crown AD | nil | Crossed double yellow lines to overtake slow vehicle. Collided with oncoming car. De facto wife killed. Excellent character and driving record. Remorse. “Momentary reckless error of judgment” not ‘momentary inattention’ or ‘abandonment of responsibility’. |
Everett
NSW CCA [467]
21.2.2000 | 2 x s.52A(1)
Sched:
unlic driver
self admin drug | PG | MT 2y
AT 2y | AD | minor drug offences, driving offences including unlicensed driver | Female - Lost control of car and collided with sign killing husband and 2y son. Under influence of morphine and cannabis within toxic to lethal range.
Drug addiction - hardship to family (4y daughter survived.) |
Khatter
(30)
NSW CCA [32]
29.2.2000 | s.52A(1) | PG | 2y PD | Crown AA
FT 3m (to date from appeal judgment taking into account PD partly served) | nil | Drove intoxicated at insistence of best friend. Lost control of car and friend killed instantly. Speeding and 0.099g alcohol per 100ml blood.
Refugee status from India. |
Davies
NSW CCA [84]
4.4.2000 | s.52A(1) | VG | MT 18m
AT 18m | AD | poor driving record | Ran red light and struck pedestrian crossing road. Conduct fell in middle ground - not momentary inattention but also abandonment of responsibility.
Remorse. Delay. Will find prison particularly difficult. Impact of accident on life. |
Katoa
NSW CCA [223]
2.6.2000 | s.51A(1) | PG | MT 8m
AT 10m | AA
18m PD |  | Female - Collided with motor cycle making right hand turn and killed cyclist. Failed to stop and ensure roadway clear before making turn- more than momentary inattention. Towards bottom end of offences.
Substantial and compelling subjective case. |
Dhanhoa
(21)
NSW CCA [257]
20.7.2000 | s.51A(1) | PG | MT 12m
AT 2y | Crown AD | prior convictions for PCA and drive unlicensed. | Lost control of car which crashed and fire - female passenger incinerated. Intoxicated with blood alcohol reading between 0.144 and 0.233 -unlicensed.
Psychological and physical effect of offence - difficult family life. |
Bailey
(31)
NSW CCA [10]
14.2.2001 | s.51A(1) | VG | MT 3y
AT 1y | AA
3y
NPP 2y | serious prior convictions - appalling driving record | Collided with female pedestrian while riding motor cycle - Dangerous driving constituted by overtaking bus while it was pulling out, failing to keep proper lookout and failing to brake in time. Did not abandon responsibility for manner of driving. |
Hemsworth
(22)
NSW CCA [86]
21.3.2001 | s.51A(1) | VG | MT 3y
AT 2y | AD | driving record not good | Driving closely behind utility on main road. Utility forced to brake sharply for parked car and appellant lost control, crossing to wrong side of road and killing girlfriend in his car. Excessive speed, erratic driving and affected by cannabis. Abandonment of responsibility as a result of multiple factors.
Appellant seriously and permanently injured in accident - change of lifestyle - remorse - good character - loss of girlfriend |
Begbie
(17)
NSW CCA [206]
3.5.2001 | s.51A(1)(a) | PG | Home detention
18m
NPP 6m | Crown AA
2y 9m PD | nil priors | Fell asleep at wheel in early morning, crossed median strip and collided with on coming car killing driver. Affected by alcohol at time (0.1-0.113g).
Excellent subjective features. |
Foster
NSW CCA [215]
28.5.2001 | s.51A(1)(c) | PG | 22m suspended sentence | Crown AD | nil relevant | Lost control of car driving over bridge in country and colliding with railing. Passenger not wearing seat belt and flung from car.
Had been drinking earlier in evening not relevant to incident. Driving at higher than suggested 60 kph over bridge (probably around 70-80 kph). Did not amount to abandonment of responsibility - momentary reckless error of judgement.
Lost close friend - good subjective features. |
Dunlop
NSW CCA [435]
16.11.2001 | s.51A(1)
s.51A(3) | PG | 3y
NPP 12m
PD (concurrent) | Crown AA
3y
NPP 2y
PD (concurrent) | nil - minor traffic matters | Drove next morning after night of drinking - 0.126 blood alcohol level - swerved into lane and collided with oncoming traffic - killed 11y passenger in other car and injured self and driver - attempted to rescue despite suffering injuries - probably fell asleep - no abandonment of responsibility but moral culpability still high because of alcohol.
Remorse - good character - judge erred in finding special circumstances. |
Oddie
NSW CCA [524]
12.12.2001 | s.52A(1)(c)
2 x s.52A (3)(c) | VG | 2y
NPP 12m | AA
16m
NPP 8m | mal dam; assault | Crossed over median strip onto wrong side of road killing one person and injuring two others (one a 10y child) in oncoming vehicle.
SJ erred in not identifying culpable conduct. Strong subjective features. |
Meyers
(21)
NSW CCA [116]
20.3.2002 | s.52A(1)(c) | VG | 4y
NPP 2y | AD | driving | Driving for prolonged period on wrong side of road. Approaching crest of hill collided with oncoming motorcyclist. Special circumstances youth and rehabilitation. |
O’Dea
(29)
NSW CCA [91]
22.3.2002 | 3 x s.52A(1) | PG | 6y
NPP 3y 5m | AD |  | Female drove 5 friends in car after night of drinking at hotel - Lost control of car and collided with pole - 3 passengers killed - Also affected by cannabis - Gross abandonment of responsibility
Unlicensed driver - Remorse - 2 young sons - Daughter born in custody |
Y
(17y 3m)
NSW CCA [191]
16.5.2002 | s.52A(1)
s.52A(3) | PG | 2y suspended
18m suspended
(concurrent) | Crown AD | nil | Provisional driver attempted to overtake truck across unbroken lines - Collided with oncoming car - Slightly in excess of speed limit - No alcohol or drugs - Error of judgement based on inexperience - Not abandonment of responsibility
7 month delay in Crown appeal - School boy driving home from part time work - Prior good character - Provisional licence for 6w |
Bishop
(21)
NSW CCA [263]
21.6.2002 | 3 x s.52A(1)
2 x s.52A(3) | VG | 6y
NPP 3y
4y
NPP 2y
(concurrent) | AD | traffic offences | Collided with car turning right at intersection - Speeding above 100kph in 80kph zone - Middle range - Acquitted of more serious aggravated offences
Good work record - Good character - Young daughter - Football career finished - Genuine contrition - Devastated by accident |
Forsyth
(25)
NSW CCA [393]
23.9.2002 | s.52A(1) | PG | 3y 6m
NPP 2y 6m | AA
3y 6m
NPP 2y 3m | traffic offences | Driving too fast in car after night at hotel - Ignored warnings to moderate driving throughout evening - Lost control and left road - Back seat passenger killed - Initially lied to police - Not satisfied above PCA
Truck driver - Depression since accident - Father to 4y daughter - failure to reflect finding of special circumstances |
Clampill-Wotton
(34)
NSW CCA [383]
30.10.2002 | 2 x s.52A(1)(c)
2 x s.52A(3)(c) | VG | 2y
NPP 12m
FT 6m
(concurrent) | Crown AA
4y
NPP 2y | no priors - minor traffic record | Driver of heavy truck collided with car - 2 children killed and 2 children injured - Failure to keep proper lookout - Looking at something in truck - Calculated risk
Remorse - Psychological effect of accident - Effect on family |
Christoff
(25)
NSW CCA [52]
17.3.2003 | s.52A(1)(c) | VG | 3y 8m
NPP 2y 9m | AD | lengthy record for dishonesty and driving offences | Lost control of car while driving on country road - Travelling 100kph in 80kph zone - Turned attention from road - Abandonment of responsibility - Killed de facto passenger
Remorse - Did not see speed sign - Record an aggravating feature |
Hobday
(21)
NSW CCA [345]
19.11.2003 | s.52A(1)(a) | PG | 5y
NPP 3y | AA
4y
NPP 1y 9m | No prior criminal convictions – minor traffic matters | Intoxicated – Speeding in heavy rain – Lost control of car and crashed into tree – Killed de facto
Genuine contrition |
Besant
NSW CCA [388]
5.12.2003 | 2 x s.52A(1)(c) | PG | 6y
NPP 4y | AA
6y
NPP 3y 6m | Bad driving record | Truck driver suffering fatigue – Fell asleep at wheel, crossed over to wrong side of road – Caused death of two passengers travelling in oncoming vehicle - Erratic driving over 50kms in heavy rain prior to fatal accident – Evidence of amphetamine use.
Appeal allowed on special circumstances – First time in custody, suffering depression. |
Dandachli
NSW CCA [100]
16.4.2004 | s.52A(1)
s.52A(3) | PG | 4y
NPP 3y
FT 3y (conc) | AD | Bad driving record | Drove erratically and aggressively at high speed (150kmh) with four passengers who repeatedly asked A to slow down – Collided with two parked trucks in breakdown lane injuring one passenger and killing another.
Prior good character – University student. |
Sullivan
(37)
NSW CCA [99]
19.5.2004 | s.52A(1) | PG | 3y 6m
NPP 18m | AD | Minor | While intoxicated from drinking night before drove in dangerous manner down residential streets to collect methadone – Struck and killed pedestrian – high moral culpability
Dysfunctional family – Major depressive disorder – Evidence of rehabilitation |
Melas
(23)
NSWCCA [198]
17.6.2004 | s.52A(1) | PG | 3y
NPP 15m | AD | Nil | Offender drove 90-100 kph through a pedestrian refuge killing a 17 year-old cyclist – sunny day, clear conditions |
Price
(21)
NSW CCA [186]
3.9.2004 | 2 x s52A(1)(a) | VG | 2y
NPP 12m | Crown AA
3y
NPP 12m | Nil | Lost control of car on bend and collided with tree killing two passengers – Intoxicated and excessive speed
Failure to accept responsibility – Prior good character – PTSD - delay |
Koosmen
(33)
NSW CCA [359]
30.9.2004 | s.52A(1)
Sched:
2 lesser offences | PG | 5y
NPP 2y 6m | AD | Traffic and criminal record although gap | Driving while intoxicated – Excessive speed and driving on wrong side of road – Lost control and collided with sign – Passenger killed
Killed best friend – Suffering depression and PTSD – Father and carer of three young boys |
Gardiner
(39)
NSW CCA [365]
20.10.2004 | s.52A(1)(a) | VG | 4y
NPP 2y 6m | AD | No criminal record – traffic record not bad | Driving truck – collided with utility from behind killing driver – methylamphetamine in blood stream – high degree of moral culpability
Commercial truck driver – serious medical problems – remorse - family |
Vale
(40)
NSW CCA [469]
20.12.2004 | s.52A(1) | PG | 5y
NPP 2y 6m
5y lic disq | AA
4y 3m
NPP 2y
5 y lic disq | Number of driving offences, inc DUI over 10y ago | While unlicensed drove station wagon with 5 passengers after drinking – Lost control and passenger ejected and killed – Went to get help – BAC over .140, probably around .2, and THC levels
Extremely remorseful - Unemployed – Aboriginal – extremely deprived and alcoholic background – illiterate – supportive family |
Tzanis
(18)
NSW CCA [274]
4.8.2005 | s.52A(1)(c)
s.52A(3)(c) | PG | 5y
NPP 3y
FT 18m
(concurrent) | AA
3y 6m
NPP 2y
Total
4y
NPP 2y 6m | nil | Intoxicated (high portion of mid-range) – Collided with power pole – dangerous driving – passenger killed – passenger seriously injured – high moral culpability
Voluntary return from Greece – high level contrition – high prospects of rehabilitation |
Janceski
(21)
NSW CCA [288]
18.8.2005 | 2 x s.52A(1)(c) | VG | 2y
NPP 12m | Crown AA
5y
NPP 3y | Bad traffic record - BES | Upon spotting friend’s stolen car threatened occupants with metal car lock – pursued car over substantial distance at high speed and against advice – driver of pursued car lost control and collided with pole |
Errington
(49)
NSW CCA [348]
19.10.2005 | s.52A(1)
s.52A(3) | PG | 2y 9m
NPP 1y 6m | AD | Nil relevant – excellent traffic record | Driving prime mover collided into back of stationary car at traffic lights – No speed or drugs – No explanation – Many vehicle affected
Good character – Post traumatic stress disorder as result of offence – Remorse |
Docker
(41)
NSW CCA [425]
8.12.2005 | s.52A(1)
s.52A(3) | VG | 6y 8m
NPP 5y | AA
6y
NPP 4y 6m | Poor record | Drug affected – Car drifted outside lane and struck car – Car forced into pole killing driver and passenger - Period of erratic driving – Failure to stop
Drug addict |
Gobbett
(24)
NSW CCA [46]
8.3.2006 | 2 x s.52A(1)
s.52A(3) | Early PG | 6y
NPP 4y | AA
(same effective sentence) | Record – no relevant convictions | Speeding on highway and overtaking on breakdown lane – lost control and collided with oncoming vehicle – fiancée and child killed – driver in oncoming vehicle seriously injured
Remorse – evidence of rehabilitation |
Richards
NSW CCA [262]
23.8.2006 | s.52A(1)
3 x s.52A(3)
s.314 (make false accusation) | PG | Driving off:
4y 4m
NPP 3y
Total:
5y 4m
NPP 4y | AA
Same effective sentence imposed | Includes speeding offences | Collided with on-coming car while overtaking on country road – killed driver and severally injured passengers – lied to police as to driver of car |
Samadi
(31)
NSW CCA [308]
22.9.2006 | s.52A(1) | VG | 2y
NPP 6m | Crown AA
2y 6m
NPP 12m | Nil | Driver on learner’s permit drove unsupervised in strange car – turned corner and attempted to park under excessive speed – mounted kerb, struck 7y and collided heavily with parked cars – abandonment of responsibility
Afghan refugee – isolated – poor mental health - remorse |
Gillett
(49)
NSW CCA [370]
24.11.2006 | 3 x s.52A(1)(c) | VG | 7y
NPP 5y 3m | AD | Nil | Driver had epileptic fit and lost control of car – collided with three cars – forced on car into path of 4WD killing three occupants – aware of danger of epilepsy – ignored medical warnings and previous accident – complicated by sleep apnoea – lied repeatedly to RTA – high moral culpability |
Morabito
(67)
NSW CCA [126]
20.4.2007 | 3 x s.52A(1)
52A(3) | VG | 3y 3m
NPP 15m | AD | Speeding | Truck driver failed to stop for stationary car waiting to turn right – inattention over several seconds – no fatigue or intoxication – towards lower end of scale of seriousness
Remorse – good character – serious depression resulting from collision |
Pisciuneri
(48)
NSW CCA [265]
5.9.2007 | 52A(1)(c) | VG | Home Detention
1y 4m
NPP 8m | Crown AD |  | Lost control of vehicle colliding with victim’s oncoming vehicle – lower end of range of seriousness – “little more than momentary inattention or misjudgement” – good character - family and successful business – strong subjective circumstances. |
Markham
(31)
NSW CCA 295
13.11.2007 | 52A(1) | PG | 6y
NPP 3y | AA
4y
NPP 2y 3m | Traffic – speeding | Distracted while driving truck – drove through red light at intersection colliding with victim’s vehicle.
Sentence manifestly excessive in circumstances. |
Hughes
(32)
NSW CCA [48]
10.3.2008 | 52A(1) | PG | 4y 6m
NPP 3y | AA
3y
NPP 2y |  | Under influence of cannabis - Drove truck with 18 year old female partner (V) as passenger – Lost control turning corner – Able to escape but could not rescue V who died in burning vehicle.
SJ failed to take into account quasi custody served in residential rehabilitation. |
Nguyen
(19)
NSW CCA [113]
4.6.2008 | 52A(1) | PG | 2y 3m
NPP 12m | Crown AA
3y
NPP 18m | Poor driving record – booked five days previously for low range PCA | Speeding and significantly affected by alcohol (0.1) – Provisional licence – Lost control of car on suburban street and collided with fence killing passenger – high level moral culpability
Significant attitude change – good prospects of rehabilitation |
Mitreski
NSW CCA [301]
11.12.2008 | 2 x 52A(1) | VG | 2y 5m
NPP 20m
PD | Crown AA
3y 4m
NPP 2y 4m | Nil | Driving semi-trailer at excessive speed and in wrong gear on steep wet road – crossed path of oncoming vehicle containing two victims. |