NCJ Number
131816
Date Published
1991
Length
27 pages
Annotation
This preliminary law reform study by the Victoria Law Reform Commission (Australia) reviews the range of offenses with which a person may possibly be charged following a fatal road accident as well as the maximum penalties applicable to those offenses.
Abstract
The range of offenses in order of seriousness are murder, manslaughter, culpable driving causing death, reckless driving or driving at a speed or in a manner dangerous to the public, and careless driving. This paper first discusses the nature of these offenses and the relationship between them, and then presents the maximum penalties for the various offenses as well as the sentences actually imposed by the courts. The commission recommends that the offense of causing death by culpable driving be abolished, since most cases in which that offense is charged should be charged as reckless murder or manslaughter. It further recommends that a new offense of causing death or very serious injury by dangerous driving should be created to cover cases where the accused's culpability is less than that required for reckless murder or involuntary manslaughter. The new offenses should be available as an alternative to reckless murder and involuntary manslaughter, both in charging and in returning verdicts. Also recommended is the abolition of the offense of reckless driving under section 64 of the Road Safety Act. An offense of dangerous driving should replace it. The penalty for the offense of causing death or very serious injury by dangerous driving should be 7 years imprisonment. The penalty for the new offense of dangerous driving should be 3 years imprisonment. The penalty for failing to stop and render assistance after an accident involving death or very serious injury should be increased to 7 years imprisonment.