Traffic 3

Question 1

What are the two tests for driving in a manner dangerous as per the case of R and EVANS

Answer 1

Test is an objective one, from the view of the jury (do they consider the driving dangerous to the public).
Does the magistrate (the hypothetical reasonable person) consider the driving dangerous to the public.

Question 2

What 2 things does Jimminez v The Queen say about driving in a manner dangerous

Answer 2

1. A person who is asleep is not the driver whilst asleep.
2. The Prosecution is entitled to look backwards in time and examine the drivers behaviour leading up to the point of falling asleep to determine negligence / Dangerous Driving.

Question 3

In relation to S117 of the Road Transport Act, what do we have to prove from negligent driving. What case law relates to this?

Answer 3

Simpson v Peat [1952] 2 QB 24
● ‘was exercising that degree of care and attention that a reasonable and prudent driver would exercise in the circumstances?’

NOTE: QUIZZ ANSWER WILL BE FALSE!

Question 4

What section provides the authority for not having to caution for traffic related offences?

Answer 4

S139(4) Evidence act provides an acception when any other Australian law requires to answer questions/do something.

Question 5

What are the elements of the offence in relation to Dangerous Driving. What is not an element of Dangerous Driving as per S52A.

Answer 5

Not an element: Road
* vehicle
* driven by accused
* involved in impact
* occasioning the (ss1) death / (ss3) GBH * at the time of the impact:
(a) under the influence of intoxicating liquor or of a drug, or
(b) at a speed dangerous to another person or persons, or
(c) in a manner dangerous to another person or persons.