The Queensland Court of Appeal held that the trial judge's direction to the jury on the defence of accident under s 23(1)(b) of the Criminal Code (Qld) was not erroneous, including the reference to 'an ordinary person, like you and me' as the standard for testing foreseeability, which was consistent with R v Taiters and did not impermissibly substitute the civil law reasonable person standard. The Court also held that the trial judge's particularisation of the mechanism by which death might reasonably be expected to eventuate did not constitute error, and that the numerical weight of witnesses supporting the prosecution case was a matter properly left to the jury's assessment.
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