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Culpable Driving Causing Death

Driving – Other Traffic Offences – VIC

Welcome to the VIC Culpable driving causing death article page. Everything you need to know about Culpable driving causing death according to VIC law.

What the Law States according to VIC Law for Culpable driving causing death

According to VIC Law for the charge of Culpable driving causing death,

Crimes Act 1958 – SECT 318
Culpable driving causing death

318. Culpable driving causing death

(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.

(2) For the purposes of subsection (1) a person drives a motor vehicle culpably if he drives the motor vehicle-

(a) recklessly, that is to say, if he consciously and unjustifiably disregards a substantial risk that the death of another person or the infliction of grievous bodily harm upon another person may result from
his driving; or

(b) negligently, that is to say, if he fails unjustifiably and to a gross degree to observe the standard of care which a reasonable man would have observed in all the circumstances of the case; or

(c) whilst under the influence of alcohol to such an extent as to be incapable of having proper control of the motor vehicle; or

(d) whilst under the influence of a drug to such an extent as to be incapable of having proper control of the motor vehicle.

(2A) Without limiting subsection (2)(b), negligence within the meaning of that subsection may be established by proving that-

(a) a person drove a motor vehicle when fatigued to such an extent that he or she knew, or ought to have known, that there was an appreciable risk of him or her falling asleep while driving or of losing control of the vehicle; and

(b) by so driving the motor vehicle the person failed unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all the circumstances of the case.

(3) A presentment for an indictable offence under this section shall specify which form of culpability within the meaning of subsection (2) is charged but evidence of the whole of the circumstances shall be admissible on the hearing of the presentment.

(4) A person who is convicted or acquitted of an indictable offence under this section shall not in respect of the death concerned subsequently be prosecuted for unlawful homicide or under this section.

(5) A person who is convicted or acquitted of any form of unlawful homicide not referred to in this section shall not in respect of the death concerned subsequently be prosecuted under this section and no other form of unlawful homicide shall be charged in the same presentment with an indictable offence under this section.

(6) A person who is convicted or acquitted of an indictable offence under this section shall not in respect of the circumstances concerned be proceeded against under the Road Safety Act 1986 for having driven a motor vehicle whilst under the influence of alcohol or a drug and no such offence shall be charged in the same presentment with an indictable offence under this section.

(7) Drug means a drug within the meaning of the Road Safety Act 1986.

The Maximum Penalty – Culpable driving causing death

According to VIC Law for the charge of Culpable driving causing death, 20 years imprisonment.

What the Police must prove according to VIC Law for Culpable driving causing death

1. That the accused was the driver of the car;
2. That the way the accused drove the car was culpable:

(i) recklessly; or
(ii) negligently to a gross degree; or
(iii) while under the influence of alcohol to the requisite extent; or
(iv) whilst under the influence of a drug to the requisite extent;

3. That the driving of the accused caused the death of the victim.

Possible Defences under VIC Law – Culpable driving causing death

1. Factual dispute
2. Lack of recklessness (if charged under that heading)
3. Lack of negligence (if charged under that heading)
4. Identification dispute

In VIC which court will hear the matter – Culpable driving causing death

County Court

Street Names

Culpable driving, Causing death driving

 

Date: 09/01/2009

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