Culpable Driving Causing Death

Culpable driving causing death is an extremely serious offence that will normally mean that you serve a lengthy prison term if you are found guilty. This type of charge is heard in the County Court.

This charge is generally laid in situations where a person, by the culpable driving of a motor vehicle, causes the death of another person. A person drives a motor vehicle culpably if they drive the motor vehicle is driven in a form listed in the section.

In essence to prove this charge the Prosecutor must prove that the accused drove a motor vehicle, and was the driver of the motor vehicle which was driven culpably in a form listed in the section.

Defences to this can be a factual dispute, lack of recklessness if prosecuted under this form, lack of negligence if prosecuted under this form or wrongful identification.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 318 of the Crimes Act 1958.

Possible Defences

  • Honest and Reasonable Mistake of Belief
  • Necessity
  • Impossibility
  • Lack of Intent
  • Charges are Statute Barred
  • Intoxication
  • Sudden or Extraordinary Emergency
  • Factual Dispute/Beyond Reasonable Doubt

Penalties

  • Community Corrections Order
  • Term of Imprisonment

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