Dylan Dahl has been found not guilty of driving dangerously in the lead up to a car crash at West Dapto that caused the death of Jayke Robinson.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Dahl was behind the wheel of a Honda Civic driving at speed along Cleveland Road in the early hours of December 2 when he lost control on a bend, causing the vehicle to hit a tree and burst into flames.
An injured Dahl was pulled from the wreckage by a nearby resident awoken by the sound of the crash, however Mr Robinson could not be freed in time and perished in the fire.
Dahl was charged with dangerous driving occasioning death, to which he pleaded not guilty.
In a judge-alone district court trial presided over by Acting Judge Stephen Walmsley, lawyers for Dahl argued the poor design of the road was a significant contributing factor to the crash.
They said the road had no advisory signs warning drivers of the upcoming bend, which come straight after a crest in the road, and Dahl had never travelled along that roadway before.
Judge Walmsley accepted the defence case, saying he was not persuaded by the Crown's argument that Dahl had driven along the road in the opposite direction about 10 minutes before the crash and therefore knew the bend was there.
"There's no evidence before me that [Dahl] knew the speed limit on the road or that the curb was there," he said.
"There have been no proven defects in the car put before me, but there were proven defects in the road.
"The poor design of the road is not a defence, but I see it as a circumstance I must take into account.," he said in finding Dahl not guilty of the offence.
"Had he been warned by signs, he could have understood what lay ahead and taken appropriate steps. "
Dahl has pleaded guilty to a lesser charge of negligent driving occasioning death.
He remains on bail to be sentenced on that charge in February.
More to come
Subscribe to our newsletters
