AOS2 - Culpable Driving Causing Death and its Elements

Question 1

Elements of culpable driving causing death

Answer 1

1. the accused was driving a motor vehicle
2. the driving was culpable
3. the driving caused the death of another person

Question 2

Motor vehicle

Answer 2

• a vehicle that is propelled by a motor and is normally used on a highway
• motor vehicles:
  
  • cars, trucks, buses, motorbikes
    non-motor vehicles:
  • trains, trams, bicycles, motorized wheelchairs with speeds less than 10km/h

Question 3

Driving

Answer 3

• a person has substantial control of the movement and direction of the motor vehicle
• the issue can be contested if:
  
  • the vehicle wasn’t fully operational (dysfunctional engine, steering wheel, or brakes)
  • the vehicle was not propelled by its own motor force (being towed, coasting downhill)
  • the vehicle was stationary (stopped at a traffic light)

Question 4

Culpable driving

Answer 4

• recklessly:
  
  • driver is aware there is a substantial risk that others could die or be grievously injured but consciously and unjustifiably disregards that risk
• negligently:
  
  • driver fails, to a high degree, to observe the standard of care that a reasonable person would have in the same situation
• under the influence of drugs or alcohol:
  
  • consumption of drugs or alcohol must render the driver incapable of properly controlling your vehicle

Question 5

Culpable driving caused the death of a person

Answer 5

• if the accused was driving recklessly or negligently:
  
  • the prosecution must prove that the reckless or negligent act was a substantial and operating cause of the victim’s death
• if the accused was so affected by drugs or alcohol that they were incapable of controlling the vehicle:
  
  • the prosecution only needs to prove that the accused’s driving was a substantial and operating cause of the victim’s death