Inquest into the death of Albert Robbo
Deceased
Albert Robbo
Demographics
35y, male
Date of death
2004-02-06
Finding date
2005-06-09
Cause of death
Multiple injuries resulting from a motor vehicle accident in which the deceased was run over by a Nissan Patrol 4WD Police vehicle driven by Constable Luke Kingsbury
AI-generated summary
Albert Robbo, a 35-year-old Aboriginal man, died from multiple injuries after being run over by a police vehicle while sleeping under a shelter on 5 February 2004. The police 4WD was conducting a routine patrol in response to community complaints about people drinking in the area. The driver, Constable Luke Kingsbury, a probationary officer with only five months' experience, did not see the deceased lying on a mattress in the driveway despite approaching slowly with headlights on. Clinical/procedural lessons: (1) The coroner emphasised that investigative re-enactments should be mandatory when senior investigators consider them necessary; (2) Poor visibility and challenging environmental conditions should trigger enhanced caution and use of additional lighting rather than excuse inattention; (3) Independence of investigations involving police-caused deaths is critical for public confidence; (4) The coroner reported potential breach of s.154 Criminal Code (dangerous act) to the DPP despite noting the driver's honest testimony and inability to explain how he missed the deceased.
AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.
Error types
Contributing factors
- Poor weather conditions (rain) and darkness at night
- Deceased lying in middle of driveway in position where vehicle would ordinarily drive, rather than against the wall with other sleeping persons
- Constable Kingsbury's limited experience (probationary constable, five months at Katherine station)
- Use of low beam headlights rather than high beam or spotlights to illuminate the driveway
- Possible distraction of driver's attention to people visible on the left-hand side of the vehicle
- Vehicle configuration and lighting conditions creating potential blind spot for objects in front of vehicle
Coroner's recommendations
- Report matter to Commissioner of Police and Director of Public Prosecutions pursuant to s.35(3) of the Coroners Act as the coroner believes a crime under s.154 of the Criminal Code may have been committed (dangerous act), specifically that in the circumstances of driving into a darkened driveway at night knowing it likely contained sleeping persons, there may have been insufficient lookout given and/or care taken
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