Culpable driving Flashcards
(20 cards)
what is culpable driving
causing death by driving a motor vehicle with negligence, recklessness or under the influence
what is the first element of culpable driving
element 1: accused was driver of vehicle
what is element 1 ( accused was driver of vehicle) in culpable driving about
Accused had substantial control of motor vehicle
what is element 2 of culpable driving
accused driving was culpable
what are the 3 subcatergories for element 2 of culpable driving about whats considereded culpable
driving negligent
driving reckless
driving under the influence
what is element 2 : accused driving was culpable about
responsibility for;
driving negligent- fails to drive in reasonable standard of care
driving reckless-driving in a way not thinking about risks that could cause death to a person
driving under influence- under influence of drugs or alcohol in system affecting ability to control vehicle
what is element 3 of culpable driving
accused culpable driving caused death
what is element 3 : accused culpable driving caused death about
accused culpable driving contributed significantly to victims death
what are the general defences to culpable driving
duress,sudden emergency, automatism
Possible sanctions: what is the max penalty for culpable driving
20 years maximum imprisonment or a fine of 2400penalty units
Possible Sanctions: what is the standard sentence of culpable driving
8 years of imprisonment
what is the first factor that can increase or lessen sentence
nature and gravity:
how much over speed limit
how much intoxicated can worsen or lessen sentence
what is the second factor that can increase or lesson sentence for culpable driving
offenders conduct after offence:
worsen offendig by- fleeing scene (acting cruel /heartless)
lessen offending by- showing remorse by calling ambulance for victim
what is the third factor that can increase or lesson sentence for culpable driving
impact of victims death:
victim can file victim impact statement that is read at court most likely by them about victims damage or injuries
what is the fourth factor that can increase or lessen sentence for culpable driving
offenders personal circumstances:
mental health, personal history, previous convictions
what is the 5th factor that can increase or decrease sentence for culpable driving
guilty plea
if offender pleads guilty judge must impose less harsh sentence
what are the trends and statistics of culpable driving
in july 2016 -june 2021 87% of offenders were male , 37% were 25 years old
what are the impacts of victim and family
loss of life
funeral costs
whats the impact on community
damage to community property
trauma to emergency service workers who responded
whats the impact to offender
guilt or shame for causing death
legal costs
