Walles v Queen
Walles v Queen (Criminal Appeal No. 114 of 1955) [1955] EACA 268 (1 January 1955)
The court held that the only relevant issue in a prosecution for careless driving under section 47(1) of the Traffic Ordinance, 1953, is whether the accused exercised the degree of care and attention expected of a reasonable and prudent driver in the circumstances. The appellant, having his view partially obstructed and seeing the lorry approaching at a 'terrific speed', failed to take adequate precautions before crossing the major road. The fact that the lorry may have been exceeding the speed limit did not absolve the appellant of his duty to ensure he could cross safely. The culpability of…
Source excerpt
- Careless Driving
- Traffic Offences
- Contributory Negligence
- Duty Of Care
- Road User Assumptions