Chapter 3E: Culpable Driving

Question 1

What are reckless drives defined as?

Answer 1

Drivers who take high risks while driving and endanger the health and lives of other drivers, passengers or pedestrians

Question 2

For a person to be found guilty of culpable driving, what must the prosecution prove?

Answer 2

• The accused was the driver of a motor vehicle

- The accused culpably caused a person’s death while driving the motor vehicle

Question 3

What can driving a vehicle culpably include?

Answer 3

Driving reckless, negligently or under the influence of an alcohol/drug

Question 4

What is the maximum penalty for culpable driving?

Answer 4

20 years imprisonment and/or a fine of 2400 penalty units

Question 5

What are the possible defences to culpable driving?

Answer 5

The accused was not driving the vehicle or the driving was not culpable

Question 6

What are some examples where the driver was not culpable?

Answer 6

Unexpected/unpredictable mechanical failure or poor road conditions

Question 7

When would a person not be found guilty of culpable driving?

Answer 7

If they were riding a bicycle or driving at 45km/h in a 40km/h zone

Question 8

What is an example of driving recklessly?

Answer 8

Excessive speeding while drag-racing another motorist

Question 9

In order to prove that a person drove recklessly, what must the prosecution prove?

Answer 9

• 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

Question 10

What is driving negligently defined as?

Answer 10

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

Question 11

What are some examples of negligent driving?

Answer 11

Holding a mobile phone whilst driving, grossly exceeding the speed limit or driving aggressively resulting in a collision

Question 12

In regard to falling asleep whilst driving, when is a driver found to be negligent?

Answer 12

• 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

Question 13

In order to be found guilty under the influence of alcohol or a drug, what must be proven?

Answer 13

The accused must have been so influenced that they were incapable of having proper control of the motor vehicle

Question 14

When is a person classified as driving a motor vehicle?

Answer 14

When they have the ability to accelerate, brake and control the movement of a motor vehicle

Question 15

What is a motor vehicle defined as?

Answer 15

A vehicle intended for highway use and built to be propelled by a motor

Question 16

What are some examples of motor vehicles and motor vessels?

Answer 16

Cars, motorbikes, trucks, lifeboats, jet skis

Question 17

What are some forms of transport excluded from the definition of motor vehicles?

Answer 17

Trains, trams or motorised wheelchairs which do not exceed 10km/h

Question 18

What is the law regarding being charged with a separate offence from culpable driving?

Answer 18

A person who has been found guilty of culpable driving cannot later be charged with a different unlawful homicide offence

Question 19

When does dangerous driving causing death occur?

Answer 19

When the accused person drives in a way that is dangerous to the public and results in the death of another person

Question 20

What is the maximum penalty for dangerous driving causing death?

Answer 20

10 years imprisonment

Question 21

What are some examples of dangerous driving?

Answer 21

Being somewhat alcohol affected, exceeding the speed limit slightly or driving whilst tired

Question 22

What are the two defences which can be used for culpable driving?

Answer 22

Sane or insane automatism

Question 23

What is sane automatism?

Answer 23

A person’s mental capacity is severely influenced by external factors, such as concussion, sleep walking or involuntary spasms

Question 24

What is insane automatism?

Answer 24

The accused is reacting to their own internal illusion, such as mental illnesses, brain injuries or epilepsy