NCJ Number
137087
Date Published
1992
Length
61 pages
Annotation
This report analyzes the current law, penalties, and police charging practices in Victoria, Australia concerning manslaughter, culpable driving causing death, and reckless driving and recommends draft legislation relating to fatalities caused by dangerous driving.
Abstract
The analysis concluded that a new offense of "dangerous driving causing death or very serious injury" should be created to cover cases in which the accused person's culpability is less than that required for manslaughter, but is still substantial enough to justify some form of criminal punishment. This offense should be available as an alternative verdict where the accused has been charged with manslaughter. The maximum penalty for this offense of dangerous driving causing death should be 5 years of imprisonment, while the maximum penalty for the new offense of dangerous driving should be 2 years of imprisonment. In addition, police charting practices and record-keeping procedures in relation to fatal vehicle accidents should be reviewed. Additional recommendations and appended draft legislation and studies of public attitudes and traffic fatalities.