Victorian Consolidated Legislation

Crimes Act 1958 - SECT 318

Culpable driving causing death

318. Culpable driving causing death







(1) Any person who by the culpable driving of a motor vehicle causes the death
of another person shall be guilty of an indictable offence and shall be liable
to level 3 imprisonment (20 years maximum) or a level 3 fine or both.











(2) For the purposes of subsection (1) a person drives a motor vehicle
culpably if he drives the motor vehicle-

   (a)  recklessly, that is to say, if he consciously and unjustifiably
        disregards a substantial risk that the death of another person or the
        infliction of grievous bodily harm upon another person may result from
        his driving; or

   (b)  negligently, that is to say, if he fails unjustifiably and to a gross
        degree to observe the standard of care which a reasonable man would
        have observed in all the circumstances of the case; or

   (c)  whilst under the influence of alcohol to such an extent as to be
        incapable of having proper control of the motor vehicle; or

   (d)  whilst under the influence of a drug to such an extent as to be
        incapable of having proper control of the motor vehicle.

(2A) Without limiting subsection (2)(b), negligence within the meaning of that
subsection may be established by proving that-

   (a)  a person drove a motor vehicle when fatigued to such an extent that he
        or she knew, or ought to have known, that there was an appreciable
        risk of him or her falling asleep while driving or of losing control
        of the vehicle; and

   (b)  by so driving the motor vehicle the person failed unjustifiably and to
        a gross degree to observe the standard of care which a reasonable
        person would have observed in all the circumstances of the case.

(3) A presentment for an indictable offence under this section shall specify
which form of culpability within the meaning of subsection (2) is charged but
evidence of the whole of the circumstances shall be admissible on the hearing
of the presentment.

(4) A person who is convicted or acquitted of an indictable offence under this
section shall not in respect of the death concerned subsequently be prosecuted
for unlawful homicide or under this section.

(5) A person who is convicted or acquitted of any form of unlawful homicide
not referred to in this section shall not in respect of the death concerned
subsequently be prosecuted under this section and no other form of unlawful
homicide shall be charged in the same presentment with an indictable offence
under this section.

(6) A person who is convicted or acquitted of an indictable offence under this
section shall not in respect of the circumstances concerned be proceeded
against under the Road Safety Act 1986 for having driven a motor vehicle
whilst under the influence of alcohol or a drug and no such offence shall be
charged in the same presentment with an indictable offence under this section.

(7) Drug means a drug within the meaning of the Road Safety Act 1986.



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