The Supreme Court dismissed a prosecution appeal against acquittal of aggravated driving without due care, holding that the Magistrate had correctly applied the objective test of the reasonably prudent driver despite not expressly citing the test by name. The Court held that a driver's failure to see a pedestrian before collision does not automatically establish inadequate lookout where the driver's vision was partially obstructed by other vehicles and the driver had to attend to multiple risks simultaneously, though the Court characterised the case as 'borderline'. The principle of appellate restraint on appeals against acquittal was applied, with the Court declining to interfere where it was not satisfied the Magistrate's decision was wrong.
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