Canberra & the ACT · Traffic
Culpable driving causing death in the ACT.
Culpable driving causing death is one of the most serious driving offences in the ACT. It carries fourteen years, it is tried in the Supreme Court, and it cannot be heard by a judge alone. Culpability, causation, and the driving are where these matters are decided.
- Causing death14 yearss 29(2) (aggravated 16)
- Causing GBH10 yearss 29(4) (aggravated 12)
- CourtSupreme CourtStrictly indictable
- TrialJury onlyExcluded from judge-alone
The ACT offence.
Culpable driving is more than a mistake behind the wheel. It requires driving that is culpable, which the law treats as negligence of a high degree, or driving while so affected by alcohol or a drug as to be incapable of proper control. The prosecution must prove the driving, the culpability, and that it caused the death or the injury.
Penalties and where the matter is heard.
Culpable driving causing death is strictly indictable and is tried in the ACT Supreme Court. It is an excluded offence under Schedule 2 of the Supreme Court Act 1933 (ACT), so it must be tried by a jury and cannot be heard by a judge alone. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and the degree of culpability and the circumstances of the death bear heavily on the outcome.
Defences and issues that matter.
Culpability.
The central question is whether the driving reached the high degree of negligence the offence requires, or fell short of it. Where it did not reach that threshold, a lesser offence may be the proper charge.
Causation.
The prosecution must prove the driving caused the death or the injury. Other causes, road conditions and the conduct of others can be relevant.
The reconstruction and expert evidence.
These matters turn on accident reconstruction, mechanical evidence and, where relevant, toxicology. The expert evidence is tested closely.
How the matter is run.
A culpable driving brief is technical: reconstruction, vehicle data, scene evidence and toxicology. The work is to test culpability and causation, to obtain the defence expert evidence, and to prepare the matter for trial in the Supreme Court. These matters are sensitive, and they are handled with care for everyone affected.
Frequently asked.
What is the penalty for culpable driving causing death in the ACT?
Up to 14 years under s 29(2) of the Crimes Act 1900 (ACT), or 16 in an aggravated form. Causing grievous bodily harm by culpable driving carries up to 10 years under s 29(4).
Is culpable driving tried by a jury in the ACT?
Yes. Culpable driving causing death is an excluded offence under Schedule 2 of the Supreme Court Act 1933 (ACT). It must be tried by a jury in the Supreme Court and cannot be heard by a judge alone.
What does culpable mean in this offence?
Driving that is negligent to a high degree, or driving while so affected by alcohol or a drug as to be incapable of proper control. It is more than an ordinary mistake or momentary inattention.
What is the difference from dangerous driving?
Culpable driving requires a high degree of negligence or incapacity and carries a higher penalty. Where the driving does not reach that threshold, a lesser driving offence may be the proper charge.
Charged with culpable driving causing death in the ACT?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019