If your honor pleases my name is WHITE initial A and I appear before the court for Mr. Wayne Kelvin Lavender. Mr. Lavender is the respondent in this case after the queen, wishing to upgrade my client's sentence from criminal negligence resulting in manslaughter to murder, lodged an appeal.
I seek leave to approach the bench with my submission.
The Facts of the case are clear, the case involved manslaughter and alleged criminal negligence by my client in the driving of a front-end-loader, which ran over and kill a 13 year-old boy.
My client was driving a loader weighing 25 tons while working at a sand mine near Newcastle. The loader was a lot higher and longer than a car and only traveled at 4 km/h.
A bucket at the front end of the vehicle obscured the driver's vision in some area. The function of the machine was to move processed and unprocessed sand around within the area of the mine.
The mine site was unfenced and was in an area of sand dunes that were covered by thick vegetation.
On October 2 2001, the victim and three friends aged 11, 14, and 15 went to the mine site to play in the sand.
These four children had been previously warned not to return back to the mine site after an earlier occasion in which some property was vandalized, about 2 weeks prior to this incident, and knew that they should not be on the property.
My client decided to chase them away. In doing so he drove the vehicle towards the children in an attempt to scare them away.
The four children ran into an area covered by thick vegetation.
My client pursued them.
My client followed them by driving the loader through the scrub. It was difficult...