Dangerous Driving Flashcards
Is dangerous driving a common law or statutory offence?
Statutory offence created by s52A Crimes Act
What are the proofs of dangerous driving?
Vehicle
Driven by the accused
Involved in an impact
Occasioning death or GBH
At the time of the impact:
- accused was under the influence of intoxicating liquor or a drug OR
- driving at a speed dangerous to another person/s OR
- driving in a manner dangerous to another person
Whst is meant by involved in an impact?
Section 52A (5) crimes act: a vehicle is involved in an impact if:
(a) thevehicleoverturning or leaving aroadwhile thepersonis being conveyed in or on thatvehicle(whether as a passenger or otherwise),
(b) an impact between anyobjectand thevehiclewhile thepersonis being conveyed in or on thatvehicle(whether as a passenger or otherwise),
(c) an impact between thepersonand thevehicle,
(d) the impact of thevehiclewith anothervehicleor anobjectin, on or near which thepersonis at the time of the impact,
(e) an impact with anything on, orattachedto, thevehicle,
(f) an impact with anything that is in motion through falling from thevehicle,
(g) thepersonfalling from thevehicle, or being thrown or ejected from thevehicle, while being conveyed in or on thevehicle(whether as a passenger or otherwise),
(h) an impact between anyobject(including the ground) and theperson, as a consequence of theperson(or anypartof theperson) being or protruding outside thevehicle, while thepersonis being conveyed in or on thevehicle(whether as a passenger or otherwise).
What does a secondary impact mean?
A vehicle is also involved in an impact occasioning death/GBH if
Death or Gbh occassioned through vehicle causing an impact between other vehicle or between another vehixke and any object or person or causing another vehicle to overturn or leave a road and the prosecution proves the vehicle caused the impact
What is meant by GBH?
S4crimes act: defines grievous bodily harm. It includes:
Destruction or a foetus of a pregnant women
Any permanent or serious disfigurement of the person and
Any grievous bodily disease.
DPP v Smith no more,/less then really serious.
Do the prosecurion have to prove that the death or GNH was caused by the defendants condition or manner of drivinf?
No. R v F the prosecution does not have to establish that the death/GBH was caused by the accused condition or by the speed/manner of driving. They have to establish a nexus or causal connection between death or impact.
What is meant by under the influence of intoxicating liquor or drug?
For drug prosecution must prove defendant substantially affected by the drug.
For alcohol it is conclusively presumed if the accused is of prescribed concentration of alcohol above .150 then under the influence OTHERWISE if under high range must prove under the influence via observations.
What is meant by in a manner dangerous to another? What is the test
R v Hain: the test is objective standard fixed in relation to other users of the road whether the potentiality in fact of danger to the public is realised by the driver of the motor vehicle or not.
What are the circumstances of aggravation?
S52A(7) Crimes Act: circumstances of aggravation:
A) the prescribed concentration of alcohol was present in the accuseds breath/blood (0.150)
B) the accused was driving the vehicle concerned on a road at a spees that exceeded by more then 45km per hour above the speed limit applicable to the length of road.
C) the accused was driving the vehicle to escape pursuit by police officer.
D) the accuseda ability to drive was substantially impaired bt the favt that he was under the influence of a drug other then intoxicating liquor or a combination of drugs (can include liquor in combination)
What defences apply to s52A Crimes act
Statutory defenxe s 52A(8) Crimes Act
Automatism
Honest and reasonable mistake
What is section 52A(8) Crimes Act?
It is a defence to any charge under this section if the death or GBH was occasioned by the impact was not in anyway attributable (as relevant) to the fact the person charged was under the inluence of intoxicating liquor or of a drug or to the speed of which the vehicle was driven.
Who bares the onus of proof when s52A (8) crimes act is raised?
Once raised the crown must show the defendants driving was the substantial cause of injury.
Example Cornish v R regarding deceased not wearing a seat belt.
What is the relevant period of time if a person is claiming automatism for sneezing or fallinf asleep?
Jimminez v R: where the question is whether a driver falls asleep at the wheel is guilty of driving in a manner dangerous to the public the relevant period is that which immediately precedes his falling asleep .
Prosecution need to show that defendant ought to know. He may have fallen asleep etc.
What case outlines the guideline judgement for dangeroys driving?
R v Whyte (2002)
