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Exam Summary flowchart for Criminal Law - careless driving- Distinction level
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Summary flowchart for exam scenarios on careless driving.
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By: neilward83 • 2 year ago
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Careless drivingRoad Traffic Act 1988
Liable for s3 careless driving if:
Liable for s2 Dangerous driving if:
A person driving a mechanically Driving a mechanically propelled vehicle
propelled vehicle dangerously on a road or other public place
On a road or other public place
Without due care an attention Fall far below the standards of a competent
Or without reasonable consideration driver and would be obvious to the
for other people competent driver that driving in that way
would be dangerous, s2(1)
Does not matter if driver intended or was
Or, driving dangerously if the condition of the
reckless to the above, enough that those
vehicle is such that it would be obvious to a
actions are what happened
careful and competent driver that driving it in
that condition would be dangerous, s2(2)
Standard must be far below a competent
One of few offences where you can face driver, more serious than s3
criminal liability for falling below the
standards, even very slightly of a reasonable
person.
No account is taken of why a person drove
carefully
All qualified drivers will be judged to the
same standard no matter how
inexperienced. The standard is objective,
impersonal and universal, McCrone v Riding
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