The predicate for the operation of s 61(3) of the Road Safety Act 1986 (Vic) is that an accident has occurred; it is erroneous to ascribe to the hypothetical reasonable person attributes that would have avoided the accident in the first place. The question is whether, an accident having occurred, a reasonable person in the position of the driver would have appreciated that fact. Where the perceptibility of a collision to the driver of a large vehicle is not a matter of ordinary human experience, evidence addressing that question is required and its absence is fatal to the prosecution case.
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