unit 1 area of study 2 crim B Flashcards
motor vehicle
A motor vehicle is a vehicle propelled by a motor and is normally used on highway
driving
the vehicle isn’t fully operational
not propelled by own motor force
vehicle was stationary
culpable driving
recklessly
negligently
under influence of drugs or alcohol
recklessly
the driver is aware that there is a substantial risk that another person could die or GBH and yet disregard that risk
negligently
the driver fails to a high degree to observe the standard of care that a reasonable person would have observed in same situation
under the influence of drugs or alcohol
the consumption of the alcohol or drugs must render the driver incapable of properly controlling the vehicle
Culpable driving causing the death of a person
The prosecution must prove that the reckless or negligent act was a substantial and operating course of the victims death
The prosecution only needs to prove that that the accused was driving was a substantial and operating cause of the victims death, if they were affected by drugs or alcohol 
vic and NT stats for cupable driving
Vic: the number of recorded offences has stayed reltively stable per 100000
Nt: the number of recorded offences has increased significantly