Chapter 3E: Culpable Driving Flashcards
What are reckless drives defined as?
Drivers who take high risks while driving and endanger the health and lives of other drivers, passengers or pedestrians
For a person to be found guilty of culpable driving, what must the prosecution prove?
- The accused was the driver of a motor vehicle
- The accused culpably caused a person’s death while driving the motor vehicle
What can driving a vehicle culpably include?
Driving reckless, negligently or under the influence of an alcohol/drug
What is the maximum penalty for culpable driving?
20 years imprisonment and/or a fine of 2400 penalty units
What are the possible defences to culpable driving?
The accused was not driving the vehicle or the driving was not culpable
What are some examples where the driver was not culpable?
Unexpected/unpredictable mechanical failure or poor road conditions
When would a person not be found guilty of culpable driving?
If they were riding a bicycle or driving at 45km/h in a 40km/h zone
What is an example of driving recklessly?
Excessive speeding while drag-racing another motorist
In order to prove that a person drove recklessly, what must the prosecution prove?
- The accused was aware of the risk that death or grievous boldly harm may result
- The risk was substantial
- The accused disregarded the risk of causing serious injury
What is driving negligently defined as?
The accused fails unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all circumstances of the case
What are some examples of negligent driving?
Holding a mobile phone whilst driving, grossly exceeding the speed limit or driving aggressively resulting in a collision
In regard to falling asleep whilst driving, when is a driver found to be negligent?
- They were so exhausted that they new there was a large risk of them falling asleep and losing control of the vehicle
- By falling asleep, they failed to meet the standard of care a reasonable person would expect
In order to be found guilty under the influence of alcohol or a drug, what must be proven?
The accused must have been so influenced that they were incapable of having proper control of the motor vehicle
When is a person classified as driving a motor vehicle?
When they have the ability to accelerate, brake and control the movement of a motor vehicle
What is a motor vehicle defined as?
A vehicle intended for highway use and built to be propelled by a motor
What are some examples of motor vehicles and motor vessels?
Cars, motorbikes, trucks, lifeboats, jet skis
What are some forms of transport excluded from the definition of motor vehicles?
Trains, trams or motorised wheelchairs which do not exceed 10km/h
What is the law regarding being charged with a separate offence from culpable driving?
A person who has been found guilty of culpable driving cannot later be charged with a different unlawful homicide offence
When does dangerous driving causing death occur?
When the accused person drives in a way that is dangerous to the public and results in the death of another person
What is the maximum penalty for dangerous driving causing death?
10 years imprisonment
What are some examples of dangerous driving?
Being somewhat alcohol affected, exceeding the speed limit slightly or driving whilst tired
What are the two defences which can be used for culpable driving?
Sane or insane automatism
What is sane automatism?
A person’s mental capacity is severely influenced by external factors, such as concussion, sleep walking or involuntary spasms
What is insane automatism?
The accused is reacting to their own internal illusion, such as mental illnesses, brain injuries or epilepsy