AOS2 - Defences to Culpable Driving Causing Death

Question 1

Two ways to defend CDCD

Answer 1

• cast doubt on an element so that the prosecution cannot prove the offence beyond reasonable doubt
• raise a specific legal defence to justify their actions

Question 2

Duress

Answer 2

• can be raised if the accused believed that:
  
  • a threat of harm will be carried out unless they commit a crime
  • committing a crime is the only way to avoid the threatened harm
  • their conduct is a reasonable response to the threat made

Question 3

Sudden or extraordinary emergency

Answer 3

• can be raised if the accused believed that:
  
  • there was a sudden or extraordinary emergency involving death or GBH
  • their actions were the only way of dealing with the situation
  • their conduct was a reasonable response to the situation
• no clear-cut definition of emergency, therefore must be determined by jury

Question 4

Automatism

Answer 4

• common defence that can be raised for any criminal offence
• can be relied on, if at the time of the offence, they had a total loss of control over their bodily movements (not conscious/aware of what was occurring) and therefore had an involuntary state of mind
• e.g.:
  
  • commit an offence while sleepwalking
  • commit offence while suffering from concussion or epileptic seizure
  • side effect of the PROPER use of medication