Dangerous Driving Flashcards
What is secondary impact? Section?
52A (6) Crimes Act
A vehicle is also involved inan impact occasioning death or GBH if;
a) Death or GBH is occasioned through the vehicle causing an impact between other vehicles, or between another vehicle and any object or person, or causing another vehicle to overturn or leave a road AND
b) The prosecution proves the vehicle caused the impact.
GBH definition Crimes ACt?
S4. GBH includes;
a) the destruction (other than in the course of a medical procedure or a termination of a pregnancy in accordance with the Abortion Law Reform Act 2019) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and
(b) any permanent or serious disfiguring of the person, and
(c) any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).
What needs to be established for dangerous drive death/gbh?
Nexus or causal connection between death and impact.
R v F?
Prosecution does not have to establish that death/GBH caused by accused’s condition or speed/manner of driving the vehicle.
52A 3 (c)?
Manner dangerous.
R v Hain (1966)?
Test is an objective standard fixed in relation to other users of the road whether the POTENTIALITY in fact of danger to the public is realsied by the driver of the motor vehicle or not.
R v Evans [1962]?
If jury determines that the manner of driving of the defendant is such that it was dangerous to other raod users in all the cirumstances, the drivers subjective thoughts do not matter.
SUbjectivity is a matter for sentencing.
Circumstances of Aggravation?
52A (7)
Circumstances of aggravation In this section, circumstances of aggravation means any circumstances at the time of the impact occasioning death or grievous bodily harm in which—
(a) the prescribed concentration of alcohol was present in the accused’s breath or blood, (high range) or
(b) the accused was driving the vehicle concerned on a road at a speed that exceeded, by more than 45 kilometres per hour, the speed limit (if any) applicable to that length of road, or
(c) the accused was driving the vehicle to escape pursuit by a police officer, or
(d) the accused’s ability to drive was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).
How to overcome Automatism? Case?
Jiminez v R - Honest and reasoanble mistake.
If it’s sleep for instance, the relevant period before the sleep must be examined. I.e, how long they were driving for or had stayed awake. You look to the period before they fell asleep to find the offence.
If HRM raised, attack reasonable here.
Automatism? Case?
Jimminez v R
Involuntary actions.
Under the influence?
52A (a) - under the influence of intoxicating liquor or of a drug.
Presumption of intoxiation?
52AA
Accused presumed to be under influence of liquor if prosecution proves prescribed concentration alcohol present in breath or blood.
Prescribed concentration of alcohol for Dngerous driving?
Concentration of 0.15 (high).
Statutory defence?
52A(8) Crimes Act.
Defence to any charge under this section if death or GBH occasioned by the impact was not in any way attributable to the person being under influence of liquor or a drug or to the speed at which vehicle was driven or manner in which it was driven.
Once it is raised, crown must show defendants driving was substantial cause of injury.
Dangerou drive GBH section?
52A (3)
