Thoglette wrote:Philistine wrote:find_bruce wrote:a bloke shouldn't be lying down drunk in the middle of the road, but that doesn't mean you can run over him.
But if you don't see him there and you do run over him, you don't find yourself facing charges.
Really? Got some case history or cites for that? (As opposed to just dumb-arsed-cop-can't-be-bothered - see close passes in NSW/QLD threads)
Fair go. If what I said was correct (and I don't claim to be omniscient) there aren't going to be any case histories.
Scott_C has linked to an Adelaide case that, at first blush, appears to contradict my statement. A more careful reading indicates that the driver is really being whacked for leaving the scene of the accident instead of remaining to render assistance.
Find_Bruce cites a case, R v Whyte, that should give all road users food for thought. I have cut and pasted the first part of the case notes.
[18-310] The statutory scheme
Section 52A Crimes Act 1900 sets out the following offences:
52A Dangerous driving: substantive matters
Dangerous driving occasioning death
A person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle:
under the influence of intoxicating liquor or of a drug, or
at a speed dangerous to another person or persons, or
in a manner dangerous to another person or persons.
A person convicted of an offence under this subsection is liable to imprisonment for 10 years.
If you drive at a speed dangerous to another person and you end up killing him, you are guilty of the offence of dangerous driving causing death. If you kill someone in your car, you have necessarily driven at a speed dangerous to another person- even if that speed is 5 km/hour or less.
I think we can all work out what the legislation is trying to achieve, but it is so badly drafted that, if you are driving a car and you kill someone, you have committed a crime - regardless of the circumstances!