CULPABLE DRIVING

Question 1

elements of culpable driving

Answer 1

-victim died
-causation
-accused was driving a motor vehicle (had control over the movements of the vehicle, propelled by a motor usually found on a highway)
-driving was culpable :
. reckless= disregarded blatant, substantial risk
. negligent= owed a duty of care and breached it, failing to observe the forseeable injury hat any reasonable person could have seen (objective)
. under the influence of drugs or alcohol

Question 2

defences to culpable driving

Answer 2

-duress
-sudden or extraordinary emergency
-automatism

Question 3

elements of duress

Answer 3

belief that:
-a threat of harm would be carried out unless they committed a crime
-committing the crime was the only way to avoid the harm
-reasonable response

Question 4

elements of sudden of extraordinary emergency

Answer 4

-sudden or extraordinary emergency
-their actions were the only way of dealing with the situation
-reasonable response

Question 5

elements of automatism

Answer 5

-at the time of the crime they had a total loss of body control and therefore an involuntary state of mind
(THIS DOES NOT INCLUDE ABUSE OF MEDICATION OR INTOXICATION)

Question 6

maximum sentence for culpable driving

Answer 6

20 years