The defendant, Melanie Precious, was charged with failing to yield from a driveway contrary to s.139(1) of the Highway Traffic Act.
The prosecution proved the actus reus of the offence beyond a reasonable doubt.
However, the defendant successfully demonstrated a due diligence defence on a balance of probabilities, arguing that she took reasonable care by looking in each direction and allowing a preceding vehicle to pass, and that the collision was likely due to the other vehicle's unilluminated headlights in dense fog.
The court dismissed the charge, finding the defendant was without fault.
