In R. v. Evans (1963) 1 Q.B. 413 where a defendant had been convicted of causing death by dangerous driving it was held as stated in the head note to the case "that the test being objective the degree of negligence was irrelevant and if in fact the driver adopted a manner of driving which the jury thought dangerous to other road users in all the circumstances he was guilty, and it mattered not (although it was relevant to sentence) whether he was deliberately reckless, careless, momentarily inattentive or even doing his incompetent best". The learned Magistrate did not, in my view properly evaluate the evidence before him and draw the proper inferences from the established facts. The respondent drove without due care and attention and the Magistrate should have convicted him. The appeal is allowed. The Magistrate's order acquitting the respondent is set aside and the respondent is convicted of the offence of Causing Death by Dangerous Driving contrary to section 269(1) of the Penal Code." - Justice Kermode, Director of Public Prosecutions v Ali  FJSC 23; Criminal Appeal 008 of 1978 (22 March 1978)
BALA CASE: Magistrate's reasons to acquit FFP Minister Praveen Bala should make warning lights flash RED for JUSTICE to the poor in Fiji; the regime's DDP Pryde to make decision whether to appeal Bala judgment
The Sri Lankan magistrate Rangajeeva Wimalasena
Fijileaks: Did Arun Wati's alleged lack of confidence result in her giving 'inconsistent evidence'? Or was it because it took DPP nearly three long years to bring Bala to court?
Magistrate: 'None of the witnesses saw Bala behind the wheel of the car'
Fijileaks: It is quite likely that witnesses did not see Bala driving the car. That does not mean that the case should collapse on that basis. The magistrate ruled that none of the witnesses saw Bala behind the wheel of his car. Hello, Bala did confess to a Police Officer at the scene that he (Bala) was the driver of the car
The TISI Sangam Connection: Pathologist Gounder and Bala 'buddies'?
Fijileaks: Evidence from around the world reveal that some victims DIE and some SURVIVE after being involved in motor vehicle accidents
Magistrate claims the car did not suffer great damage. If so, why did Bala admit himself to the Lautoka Hospital after the accident?