Culpable Driving Causing Death - Statutory Offence : Crimes Act 1958 s318

Elements Prosecution Must Prove

1- Culpable driving
2- Death caused by culpable driving

What is culpable driving?

The Crimes Act 1958 specifies four types of culpability.

1- Recklessly disregards substantial risk of death or grievous bodily harm may result from driving
2- Negligently fails to observe standard of care which a reasonable man would observe in the circumstances.
3- Driving under the influence of alcohol to such an extent as to be incapable of having proper control of vehicle
4- Driving under the influence of drugs to such an extent as to be incapable of having proper control of vehicle

Negligence can be proved by the prosecution where a person drove while fatigued to such an extent that there was an appreciable risk of falling asleep while driving.

Sentencing

Average sentence is between 5 to 6 years imprisonment. Accordingly, it is critical to seek legal advice as soon as possible if you are interviewed in relation to this offence.

 

Related offences

  1. Dangerous Driving
  2. Careless Driving
  3. Speeding
  4. Drink Driving / Drive Under the influence (DUI)
  5. Exceed Prescribed Concentration of Alcohol (PCA)
  6. Fail to Furnish a Breath Sample / Refuse to Accompany a Police Officer

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