A 20-YEAR-OLD Bathurst man has had his conviction for dangerous driving quashed on appeal in Bathurst District Court.
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James Patrick McGrath, of College Road, was convicted of driving a vehicle recklessly/ furiously or speed/manner dangerous in Bathurst Local Court on December 6 last year after pleading not guilty.
He was placed on a 12-month good behaviour bond and disqualified from driving for 12 months.
Judge Helen Syme this week set aside the penalty and the conviction after she found there was insufficient evidence for the prosecution to prove the case.
Judge Syme said while McGrath’s driving was a little strange, there was no evidence that he put other road users or pedestrians in any danger.
The charge related to an incident in Westbourne Drive on June 6, 2011.
McGrath pleaded guilty to a charge of stalk/intimidate on that same date, but pleaded not guilty to driving in a reckless or dangerous manner.
Solicitor Peter Ringbauer referred to evidence given by McGrath’s former girlfriend in the Local Court that the defendant had followed her in his car for some time before overtaking to pull in front of her, stopping on the roadway about one metre from the kerb.
The woman had given evidence that if she hadn’t hit the brakes or swerved she would have hit the car.
“There was nothing said about proximity or danger,” Mr Ringbauer said.
“There was nothing to indicate she had trouble braking or that she had to brake hard.
“He said he just wanted to talk to her. There was nothing to indicate she couldn’t go around.”
Mr Ringbauer said there was a second incident in Darwin Drive that evening which was similar to the first.
The solicitor said there was nothing to indicate the appellant was driving above the speed limit. There were no lane markings to prevent overtaking and no indication other road users were on the road.
Crown solicitor Janelle Gaggin said she believed the test had been laid out.
“Twice he pulled in front of her, causing her to brake or swerve to avoid a collision,” Ms Gaggin said.
Ms Syme said McGrath and his girlfriend had broken up a few days prior to the incident and he was upset.
She said he conceded by his plea of guilty the actions he took to stalk her.
“For a charge of reckless/furious speed/ manner dangerous we must look at the driving that occurred,” Judge Syme said.
“There is no allegation of speed or furious driving. The whole scenario was played out in slow motion.”