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Legal revision Chapter 5.3- Culpable driving causing death
Terms in this set (11)
Culpable driving causing death definition.
The act of causing the death of another person while driving a motor vehicle in a negligent or reckless manner or while under the influence of alcohol or drugs.
Dangerous driving causing death definition
The act of causing the death of another person while driving a motor vehicle at a speed or in a way that is dangerous to the public.
What are the two elements of culpable driving causing death?
The accused was the driver of the motor vehicle and the accused culpably caused a persons death while driving the motor vehicle.
What does the element: The accused was the driver of the motor vehicle mean?
To be found to be the driver of the motor vehicle the accused must have had substantial control over the movement of the vehicle.
What does the element: The accused culpably caused a persons death while driving the motor vehicle mean?
The accused must have been driving the vehicle in a reckless or negligent way or under the influence of alcohol or drugs.
What are some possible defences to culpable driving causing death?
Duress, sudden or extraordinary emergency and automatism.
What is the role of common law in developing the elements of and defences to culpable driving causing death?
To interpret and apply relevant legislation to resolve the cases before them. The courts have assisted in clarifying driving laws including the statutory elements of culpable driving.
What is the role of statute law in developing the elements of and defences to culpable driving causing death?
To define the driving offences and develop them in relation to community concerns and statistics to protect the public.
What are some possible impacts of culpable driving causing death on the victim and their family?
- Loss of life
- Disruption to family life
- Emotional trauma
- Funeral costs
What are some of the potential impacts of culpable driving causing death on the community?
Cost of publicly funded medical treatment, increased need for emergency services, trauma to emergency services workers who responded to the collision.
Possible impacts on the offender.
Medical treatment and costs, guilt and shame, legal costs, custodial sentence, impact on their family's social standing, finances and health and wellbeing.
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