Driving Offences Elements

Question 1

S. 117(1) RTA – Negligent Driving – “Neg Driving”

Answer 1

• The accused.
• Drove a motor vehicle.
• On a road or road related area.
• Negligently (3 levels):
o (A) occasioning Death.
o (B) occasioning GBH.
o (C) neither GBH or death (the most common charge).

– Do not give a ticket for negligent driving if you are able to give a ticket for a more specific offence. Example: A specific offence they did wrong which was negligent, like ignore a stop sign.

Question 2

S. 117(2) RTA – Furious, Reckless Driving &

Speed/Manner Dangerous.

Answer 2

• The accused.
• Drove a motor vehicle.
• On a road or road related area,
o furiously or,
o recklessly or,
o at a speed dangerous to the public or,
o in a manner dangerous to the public.

Question 3

S. 118 RTA – Menacing Driving – ‘Low Range’ road rage.

Answer 3

• The accused.
• Drove a motor vehicle.
• On a road or road related area.
• In a manner that would:
o (1) intentionally menace - INTENTIONAL.
o (2) conduct likely to menace - POSSIBLE.
• Another person.
• Whether or not the person is:
o menaced by threat of personal injury.
o menaced by threat of damage to property.
o on a road.

Question 4

S. 51A CA – Predatory Driving – ‘High Range’ road rage.

Answer 4

• The accused.
• Drove a vehicle (s. 52A(9) CA definition).
o in pursuit of another vehicle or,
o travelling near another vehicle.
• And engaged in conduct which caused or threatened to cause an impact:
o with any other vehicle/person/object or,
o by overturning or leaving a road.
• With the intention of causing another person ABH.

Question 5

S. 52A CA – Dangerous Driving Occasioning GBH or Death.

Answer 5

• The accused.
• Drove a vehicle (s. 52A(9) CA definition):
o under the influence of alcohol or drugs or,
o at a speed dangerous to person/s or,
o in a manner dangerous to person/s.
• Occasioning death or GBH of a person.
• Conveyed in or on any vehicle (including passengers).
• Through an impact involving:
o overturning or leaving a road or,
o any object/person/vehicle or,
o any object/vehicle in, on or near the person at the time of impact or,
o anything on/attached to the vehicle, or
o anything in motion through falling from the vehicle or,
o the person falling, being thrown or ejected from the
vehicle or,
o any object as a result of the person (or any part) protruding from the vehicle.
• (7) circumstances of aggravation.

Question 6

S. 52A(7) CA – Circumstances of Aggravation – Dangerous Driving (SHIC).

Answer 6

S – Speed 45km/h or greater above speed limit.
H – High range PCA.
I – Impaired (very substantially) by a drug or combination of drugs.
C – Chase with police (pursuit).