Questione giuridica chiave
Whether the dismissal of the criminal investigation against the instructor had to be set aside and the case continued for possible negligent grievous bodily harm.
Decisione estratta
No sufficient breach of duty by the instructor was shown; a conviction was unlikely, so the dismissal stood.
Motivazione estratta
The court held that the instructor could not foresee the learner's sudden, excessive acceleration on an open, straight road. He had no specific legal duty to hold the rider or the motorcycle, and his reflexive grasp after the acceleration was not blameworthy. Causation for the alleged omission was not proven.