New Zealand Police v David McGonigal [2016] NZDC 3824

Published 31 July 2016

Careless operation of a motor vehicle causing death — Strawbridge v Mason [1939] NZLR 877. A charge of careless operation of a motor vehicle causing death was established. The defendant’s car collided with a woman on her mobility scooter and she sustained injuries which effectively led to her death. While the defendant denied the charge saying he had not seen the woman because she was in a “blind spot”, it was found that he had relied on an earlier perception of what he had seen and thus failed to meet the standard of care required by a reasonable and prudent driver. Strawbridge established that the duty of a driver of a vehicle if blinded by any cause was to stop or proceed with extreme caution.