Outcome 2B - Proving Guilt Flashcards
Legislation for culpable driving
Outlined in s318 of Crimes Act 1958 (Vic)
(1) Any person who by the culpable driving of a motor vehicle causes the death of another person shall be guilty of an indictable offence and shall be liable to level 3 imprisonment (20 years maximum) or a level 3 fine or both
(1A) The standard sentence for an offence under subsection (1) is 8 years.
Definition of driving + vehicle
Motor vehicle=propelled by a motor and normally used on a highway
Driving= person has substantial control of the movement and direction of the motor vehicle - it is up to the jury to examine and decide whether the accused was in substantial control of the motor vehicle’s movement and direction.
Definition of culpable
Deserving of blame, being responsible for something bad occuring
Three elements of culpable driving
1) The accused was driving a motor vehicle (actus reus)
2) The driving was culpable (mens rea)
3) The culpable driving caused the death of another person (actus reus)
Categ of culpability
Reckless
The driver is aware that there is a substantial risk that another person could die or be grievously injured yet consciously and unjustifiably disregards that risk
Did the accused willfuly disregard a blatant risk of harm?
An accused acting recklessly is more culpable.
Categ of culpability
Negligent
The driver fails, to a high degree, to observe the standard of care that a reasonable person would have observed in the same situation.
Was there a duty of care owed which was breached? Was injury forseeable?
Categ of culpability
Under influence of drugs/alcohol
The consumption of alcohol or drugs must render the driver incapable of properly controlling the vehicle.
Causation
Reckless/Negligent -> Prosec must prove reckless or negligent act was a substantial and operating cause of vic’s death
Affected by alcohol/drugs-> Prosec only needs to prove that accused’s driving was a substantial and operating cause of vic’s death
Automatism
-Common law defence, can be raised for any crim offence
-Total loss of control over bodily movements (not conscious/aware of what they’re doing) t/f involuntary state of mind
eg: Sleepwalking, concussion, epileptic seizure, side effects of proper use of medication
Duress
- A threat of harm will be carried out unless they commit a crime
- Committing a crime is the only way to avoid the threatened harm
- Their conduct is a reasonable response to a threat made
Sudden and extraordinary circumstances
- There was a sudden or extraordinary emergency
- Their actions were the only way of dealing w the situation
- Their conduct was a reasonable response to the situation
Found in Crimes ACt (Vic) 1958
Elements of assault
- The accused completed the physical act (actus reus) of the offence and, this act caused injury to the victim
- The accused intentionally or recklessly caused the victim injury (mens rea)
Causation
Requires a connection b/w accused’s act or omission and the injury/srs injury suffered by vic.
Objective test used - actions of accused must have been ‘substantial and operating cause’ of the vic’s injury w.out an intervening event.
Injury to the victim
- Physicsal injury
- harm to mental health
Srs injury=
-Endangers life
-Is substantial and protracted
Assault
Intention
The prosecution must prove BRD that accused intended to cause harm 2 vic. Not enough to prove that the accused intended to do the act.
Assault
Reckless
To demonstrate reckless the prosecution must prove that: ‘I know this may cause injury, but I don’t care”
- The accused could foresee that their actions would prob cause injury to the vic
- The accused, knowing that their actions would prob cause injury to the vic and, does so anyways
Assault
Negligence
Req prosec prove that the accused completed an act that grossly fell short of standard care that a reasonable person would exercise, and a high risk of injury would result from the accused’s conduct.
There is generally no intent to cause harm, but the accused was so careless, they did not care if their actions caused harm.
Assault
The intentional or reckless application of force or threat of force to the body of another person without a lawful excuse
Assault
Elements for duress
1) A threat of harm
2) The conduct was the only reasonable way to avoid the threatened harm
3) The conduct was a reasonable response to the threat
Assault
Self-Defense
1) The accused believed that the conduct was necessary for self-defence
2) The conduct was a reasonable response in the circumstances.
Assault
Consent
+ ways it can be applied
Sporting event (unless injuries which are not within the reasonable rules of the game),
Medical procedures (eg surgery cannot occur unless the patient consents to it),
Daily life (eg bumping and shoving on a crowded train)
Stakeholders in a crime
The offender
The victim
Families of the offender and the victim
The community/wider society
Types of impacts of crimes
Psychological
Social
Economic
Legal
Political
Impacts on the community/society
Trauma to emergency service workers responding to a fatal collison (culp driving)
Loss of trust in law and order, and community values
Damage to community resources
