Appeal dismissed of conviction for careless driving causing death

Edwards J: criminal law – appellant was employed as a driver with Dublin Bus – bus came to a T-Junction at approximately 9:45 pm – as bus turned right, it collided with a pedal cyclist – pedal cyclist suffered serious injuries as a result of the collision and subsequently died – a number of witnesses were called on behalf of the prosecution – CCTV footage from the driver’s cab of the Dublin Bus was played to the jury – prosecution witness gave evidence that the bus had “cut the corner” – defence expert witness gave evidence that “a bus will, or a portion of the bus will cut across the centre line at the junction” – whether verdict against the evidence and perverse – whether witness allegedly exceeded his expertise and whether there was witness bias – whether the judge failed to properly or adequately re-charge the jury when they sought his assistance – whether there was insufficient evidence – whether the judge failed to direct the jury – whether the trial judge failed to adequately or properly present the defence case to the jury during the course of his charge – whether the trial judge did not properly or adequately instruct the jury with respect to the law – no objection was raised to what was proposed by way of recharge by the trial judge - jury received a proper explication of how dangerous driving differed from careless driving – charge and re-charge when considered in their totality left no doubt that the jury were properly and adequately instructed, and received adequate explanation, as to the legal ingredients of the offence of careless driving – the jury were properly and adequately instructed with respect to the burden and standard of proof – no unfairness as extract from trial showed a fair and adequate summary of the evidence and no unfairness as no requisition was raised after the trial judge completed his charge – court of appeal has no entitlement to interfere with the verdict providing there was at least some evidence to support it – the verdict was one which was open to jury in circumstances where there was evidence capable of supporting it – appeal dismissed.