Serious Driving Offences

Question 1

What are the four circumstances? (Elements) - 1

Answer 1

The first element is that the accused was the driver of a motor vehicle. This means that the accused must have substantial control over the motor vehicle’s movement.

Question 2

What are the four circumstances? (Elements) - 2

Answer 2

Driving recklessly - consciously disregarding the substantial risk that their reckless driving would cause another person’s death or serious injury. An example is driving at high speeds in bad weather.

Question 3

What are the four circumstances? (Elements) - 3

Answer 3

Driving negligently - failing to observe a reasonable standard of that a reasonable person would have observed in similar circumstances. For example, fatigued to the point of having improper control over the vehicle.

Question 4

What are the four circumstances? (Elements) - 4

Answer 4

Driving under the influence of alcohol or drugs to the extent of being incapable of properly controlling the vehicle.

Question 5

What is the maximum penalty for culpable driving?

Answer 5

20 years

Question 6

What is the definition of dangerous driving causing death? What is the maximum penalty?

Answer 6

A person who, by driving a motor car at a speed or in a manner that is dangerous to the public and causes the death of, or serious injury to, another person, is guilty of an indictable offence. The maximum penalty is 10 years imprisonment.

Question 7

What is the legal definition of culpable driving?

Answer 7

Culpable driving means causing death through the driving of a motor car.