Driving Offence Legislation

Question 1

S117 (1) RTA:

Answer 1

Negligent driving

• The accused.
• Drove a motor vehicle.
• On a road or road related area.
• Negligently (occasioning death/GBH; neither GBH or death).

Negligent – act that a prudent/reasonable person wouldn’t do, or would do.

Question 2

S117 (2) RTA:

Answer 2

Driving furiously, recklessly or at speed or manner dangerous to public.

Note: Consideration about traffic, road conditions, and obstructions are taken into account.

Question 3

S118 RTA:

Answer 3

Menacing driving

Driver had intent to menace the other person.

Driver knew the other person might be menaced.

Examples: tailgating, flashing head lights and sounding the horn, overtaking and braking heavily.

Question 4

S51A CA:

Answer 4

Predatory driving.

Driver of a vehicle while in pursuit or near another vehicle:
Engages in conduct that causes or threatens an impact involving the other vehicle.

Intends by that conduct to cause a person in the other vehicle ABH.

Question 5

S52A CA:

Answer 5

Dangerous driving occasioning death.

Driver of vehicle involved in an impact occasioning death, and the driver was:

• under the influence of liquor or drugs.
• driving at speed dangerous to others.
• driving in manner dangerous to others.
  (2) Aggravated dangerous driving occasioning death.
  (3) Dangerous driving occasioning GBH.
  (4) Aggravated dangerous driving occasioning GBH.

Question 6

Circumstances of aggravation:

Answer 6

• High range PCA > 0.150.
• Speed > 45kph over the applicable limit.
• Driving to escape pursuit by police.
• Ability severely impaired by drugs.