Duncan Stewart

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Duncan Stewart was convicted of causing death by dangerous driving, having pled guilty. A cyclist had pulled out to overtake a van, straight into the path of Stewart’s vehicle. It was recognised Stewart had done all that he could to prevent the accident. However, the plea was entered on the basis that Stewart had been driving while disqualified and had he not been doing so, the accident could not have happened. His solicitor had advised him that in these circumstances he was “deemed” to have caused the death and should plead guilty. On appeal, the court determined that the plea was tendered under substantial error or misconception for which Stewart was not responsible and quashed the conviction on that basis.

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