Indictable Offences (VCE SSCE Legal Studies): Flashcards

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Culpable Driving Causing Death
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Culpable driving causing death offence type

Homicide - unlawful killing of another person

Culpable driving category classification

Category 2 offence

Max penalty for culpable driving causing death

20 yrs imprisonment &/or 2400 penalty units (~$460k)

Standard sentence for culpable driving causing death

8 years imprisonment

Three elements to prove culpable driving causing death

Driver, culpable manner of driving, causation of death

Negligent driving definition

Substantial departure from reasonable standard of care

Reckless driving definition

Consciously disregarding substantial risk of death/injury

Driving under influence requirement

Too intoxicated to properly control vehicle

Category 2 offence imprisonment rule (over 18)

Mandatory unless impaired mental function or police assist

Purpose of victim impact statement

Details injury, loss, or damage suffered by victims

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