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Dangerous or careless? Qld firm wants clarity
Queensland’s Creevey Russell Lawyers have questioned the interpretation of the state’s new traffic offence of “driving without due care and attention and causing death or grievous bodily harm”.
Grace Ormsby
Creevey Russell criminal law team leader Trent Jones said while the new offence brings QLD legislation into closer alignment with laws of other states, “further clarification should have been provided as to how the law ought to be interpreted, as the distinction between what constitutes ‘dangerous operation’ and ‘careless’ driving is often vague.”
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The new offence, under the Heavy Vehicle National Law and Other Legislation Amendment Act 2018, holds a maximum penalty of approximately $10,000 or 12 months imprisonment and a minimum license disqualification period of six months.
While Mr Jones concedes the introduction of the new charge has been positive, he believes the amendments could be improved with clarification of ‘dangerous’ driving compared with ‘careless’ driving.
“The courts have previously said that it is the manner of driving, rather than the resultant outcome of an incident that ought to be considered in determining whether or not the driving is ‘dangerous’ in the circumstances,” he said.
Calling the “dangerous” distinction a “vague aspect of criminal law,” Mr Jones said this often results in the preferred charge against an individual coming down to how the investigating officer interprets the facts.
“In circumstances where you can point to a contributory factor, such as intoxication, speeding, or texting, in my view, an argument can be mounted by prosecutions to say that the manner of driving is dangerous in the circumstances,” he said.
“On other occasions, however, once you have considered all of the evidence, it is difficult to identify any aspect of the manner of driving that is dangerous. I have had clients where, after you look at all the evidence, it is difficult to identify how they did anything wrong.
“They are travelling under the speed limit; checking their mirrors and road positioning; they’re not distracted or intoxicated, and they are doing everything you would expect a prudent driver to do, but for whatever reason, a fatal traffic incident occurs, and those individuals are then at the hands of an investigating officer to determine whether or not they face a traffic offence or a criminal charge, which, if convicted of dangerous operation causing death, would likely result in a term of imprisonment.”
