Inquest findings - Rosly Amelia Law - Queensland Courts

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highway. 21 He reports the cattle had been put back in the paddock and they made temporary repairs to the fence. 22 He says the fencing was pretty good generally. 65. Mr Swann reports the fence posts were in the condition as described by the Henschells and photographs were tendered which show the repairs. 66. After the accident on 12 August 2010, the Main Roads Investigator found the fencing to be in a reasonable condition and of an appropriate construction for retaining cattle. He observed the fence posts on the southern fence line to have a slight lean toward the road. 23 67. Mr Swann agrees the fencing on the Henschell’s property is better than most neighbouring properties. 68. Even accepting the varying opinions that the fencing was considered reasonable for its purpose, it may not be coincidence that the one part of the fencing which had not been replaced on the property was that adjoining the main road. In accepting the Swann’s evidence that cattle had strayed on a number of occasions in the past, it is evident there may have been issues concerning the condition of the fencing that could have been better addressed. However, that aside, the evidence could not support a finding the fencing was inadequate, and as Mr Davies submitted, the evidence before the court suggests it was reasonable for its purpose. I accept the Henschells were not aware of the extent of the frequency of the straying cattle and have since taken the sensible precaution of not having cattle in the front paddock. 69. I will discuss the issue of the immunity for liability of landowners for straying cattle shortly. This case and others highlights the inherent danger to road users of straying cattle and perhaps a change to the law is warranted given this may give some incentive for landowners to ensure fencing adjoining roadways is suitable to keep cattle off the road. Blood Alcohol and Drugs Testing 70. Mr Maddigan provided a blood sample at 8.37pm on 21 July 2010 at Dalby Hospital as directed by Constable Jessica Huth. This was analysed on 26 July 2010 and was negative for the presence of alcohol. 71. Constable Huth stated it was QPS policy to test drivers involved in traffic crashes for alcohol. She stated Mr Maddigan otherwise displayed no indicia of being intoxicated or being affected by drugs and she therefore had no reasonable suspicion to test him for drugs. 21 Exhibit C8, p1 22 Exhibit C8, p1 23 Exhibit B2, p7 Findings of the inquest into the death of Roslyn Amelia Law 11
72. A drug analysis was therefore not performed until the coroner requested it and this was performed about 16 months later. This showed the presence of cannabis as follows: – ∆9 – tetrahydrocannabinol (THC) 0.003mg/kg 11-nor-∆9 –terahydrocannabinnol-9-carboxylic acid 0.090mg/kg 73. Dr Robert David Hoskins, Director of the Clinical Forensic Medicine Unit opined that generally a level of this nature would indicate use within the preceding 24 hours. 74. Mr Maddigan was asked by police about his use of cannabis. He told them in a written statement 24 that he had been smoking cannabis since he was about 15 or 16 years. He used it to deal with issues concerning depression. Prior to the crash he stated he would have had a couple of cones about one hour before leaving town in the motor vehicle. He did not think he was affected by the cones whilst he was driving. 75. Combined with the analysis results and the statement by Mr Maddigan, Dr Hoskins considered the levels detected make it highly probable Mr Maddigan's driving would have been impaired regardless of his subjective opinion that it was not. Impairment due to cannabis persists beyond the subjective high and the latter would normally persist for two to three hours. 76. Dr Hoskins stated that testing some 16 months later was not desirable but any delay would not have produced an inflated reading and if anything it would be less than if tested earlier. 77. Dr Hoskins could not say with any degree of certainty how a level of 0.003 would subjectively affect a person but he could say it was a significant level indicating recent use. Levels of 0.007 to 0.01 are generally the levels where it could be said a person would certainly be affected but a lower level does not exclude impairment. 78. On the evidence from Mr Maddigan, Dr Hoskins thought a person taking five to six cones an hour or two before driving was highly probably impaired but this may not reach the criminal standard of proof. Impairment included slower reaction times and poorer concentration in a person compared to what would be their normal subjective state. 79. Given Mr Maddigan’s evidence I suspect this was his permanent state. 80. Dr Hoskins also gives evidence about the current policy regarding the testing of drivers involved in fatal crashes. There has been comment in other coronial findings that there should be full alcohol and drug testing of all drivers and pedestrians fatally injured in traffic crashes. He stated it seems incongruous that a similar policy does not exist in relation to the 24 Exhibit C1.1 Findings of the inquest into the death of Roslyn Amelia Law 12
Page 1 and 2: OFFICE OF THE STATE CORONER FINDING
Page 3 and 4: family and the public of how the de
Page 5 and 6: fence that had fallen down. This pr
Page 7 and 8: Mr Lillis indicate everyone at the
Page 9 and 10: 42. He told police he had not had a
Page 11: property that day and the next day
Page 15 and 16: Collision Analysis Findings 89. The
Page 17 and 18: than not that Mr Maddigan was on or
Page 19 and 20: (a) to imprisonment for 10 years, i
Page 21 and 22: Livestock Straying on Highways: Civ
Page 23: I close the inquest. John Lock Bris

Inquest findings - Rosly Amelia Law - Queensland Courts

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