Smyth v Police - [1973] 1 NZLR 56

Transport and Transport licensing — Offences — Negligent driving causing bodily injury or death while intoxicated — Pedestrian lying on ground having collided with appellant's motor truck — Motorcar following also drove over pedestrian — Appellant convicted of driving with excess of alcohol in blood and by an act or omission in relation thereto caused bodily injury — No evidence as to which vehicle caused which injuries to pedestrian — Onus of proof on prosecution to demonstrate affirmatively that manner of driving which caused injury was due to alcohol — Transport Act 1962, s 55(2).