Darwin dad accused of causing crash that killed 5-year-old son to face trial in July
A DARWIN man accused of causing a crash, that killed his five-year-old son, will face trial in the Supreme Court in July where his lawyers plan to call evidence of a ‘medically diagnosed illness’
Police & Courts
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A DARWIN man accused of causing a crash that killed his five-year-old son will face trial in the Supreme Court in July, where his lawyers plan to call evidence of a link between an epilepsy diagnosis and “automatism”.
Jye Mulhall, 28, stands charged with drink and drug driving, driving with an unrestrained child in the car and driving causing the death of Dmitri Charles Mulhall over the fatal rollover outside Adelaide River in 2019.
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Mulhall’s lawyer, Thelma Gray, previously told the court he would run a defence of “automatism due to a medically diagnosed illness” and on Wednesday Crown prosecutor Matt Nathan SC said he was still waiting on his own expert report.
“We are still in the process of obtaining a report in response to the report provided by my learned friend,” he said.
“The issue as I understand it revolves around potentially a link between automatism and perhaps a diagnosis of epilepsy.
“That report was provided to us toward the end of last year and we’re in the process of obtaining a report in response.”
Under the NT Criminal Code, a person’s conduct is considered involuntary if it is not “a product of the will of the person whose conduct it is”.
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Examples given under the code include “a spasm, convulsion or other unwilled bodily movement”, “an act performed during sleep or unconsciousness” and “an act performed during impaired consciousness depriving the person of the will to act”.
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