proving guilt 1

Question 1

Term: Culpable

Answer 1

Definition: Deserving of blame or condemnation; being responsible for something bad occurring.

Question 2

Culpable Driving Legislation

Answer 2

Law: Section 318 of the Crimes Act 1958 (VIC)

Question 3

summary of what a culpable driving is

Answer 3

Any person who, by culpable driving of a motor vehicle, causes the death of another person is guilty of an indictable offence.
Penalty: Level 3 imprisonment (up to 20 years) or both imprisonment and fine.

Question 4

Driving

Answer 4

A person has substantial (most) control over the movement and direction of a motor vehicle

Question 5

Vehicles Included and not in Culpable Driving

Answer 5

Included: Cars, trucks, buses, motorbikes
Not Included: Trains, trams, motorised wheelchairs, bicycles

Question 6

elements of culpable driving

Answer 6

accused was drivimg
aaccussed driing a motor vehicle
driving was culpable
the culpable ndriving caused death of victim

Question 7

Prosecution Must Prove: Recklessness

Answer 7

The driver knew there was a substantial risk of death or injury and ignored it.
Example: Speeding in poor conditions

Question 8

Prosecution Must Prove: Negligence

Answer 8

The driver failed, to a high degree, to meet the standard of care expected.
Example: Using crystal meth for several days without sleep, then veering on the road.

Question 9

Prosecution Must Prove: Influence of Drugs or Alcohol

Answer 9

Alcohol or drugs rendered the driver incapable of properly controlling the vehicle.
Example: Same as above — meth use over several days without sleep, causing veering.