Understanding Driving Offences Causing Death in Queensland
Explore the different types of driving offences in Queensland that can result in death, including careless driving, dangerous operation of a vehicle, manslaughter, and reckless murder. Learn about the legal consequences and the various tests used to determine culpability.
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Presentation Transcript
The Reckless Road: Driving Offences Causing Death in Queensland Mitch Rawlings Holmes Chambers
The Offences (a) (b) (c) (d) Careless driving causing death Dangerous operation of a vehicle causing death Manslaughter Reckless murder
Careless Driving of Motor Vehicle causing Death (a) (b) The person was driving a vehicle The manner of driving was without due care and attention The manner of driving caused death or grievous bodily harm (c) Max Penalty 12 months imprisonment or 80 penalty units
Dangerous operation of a vehicle causing death (a) The person was operating, or interfering with the operation of, a vehicle Dangerously Caused the death of or grievous bodily harm to another person (b) (c) Max Penalty 10 years imprisonment
Manslaughter - s303(1) (a) A person unlawfully killed another person Max Penalty Life imprisonment
Reckless Murder s302(1)(aa) (a) A person is dead (b)The death was caused by a deliberate act (c) The accused did the deliberate act (d)At the time of the deliberate act was done, the conduct had reckless indifference to human life (e) Reckless indifference to human life means (i) the accused realized the act was likely to cause death or grievous bodily harm (ii) engaged in the conduct notwithstanding that probability
The various tests The driving was below the degree of care and attention of a reasonable driver (Careless Drive) The driving was such that caused a danger to the public in the circumstances (Dangerous Op) 01 02 The driving was conscious and voluntary, and would expose person(s) to a risk of death or GBH, and was below reasonable standard 03 The driving was engaged in knowing that it was likely to cause death or GBH 04
Discussion points: The mental element 1. Prosecutors decision on charge; 2. Considerations for Defence; 3. The manner in which to frame a submission. The elements of the offence The exposure of others Impact of penalty
Any Questions Mitch Rawlings Barrister 0405 452 957 mrawlings@qldbar.asn.au
