King v. The Queen

Lower Court Judgment

17/03/2011 Supreme Court of Victoria (Court of Appeal) (Buchanan, Redlich and Mandie JJA)

[2011] VSCA 69

Catchwords

Criminal law — Dangerous driving causing death — Direction to jury — Applicant found guilty of two counts of culpable driving causing death contrary to s 318 of Crimes Act 1958 (Vic) ("Act") — Primary judge left to jury alternative charge of dangerous driving causing death contrary to s 319(1) of Act — Primary judge directed jury that Crown case in respect of dangerous driving charge required same analysis as culpable driving charge — Whether primary judge erred in directing jury that, in relation to dangerous driving charge, driving need only have significantly increased risk of hurting or harming others, and that driving need not be deserving of criminal punishment — Whether a substantial miscarriage of justice — R v De Montero (2009) 25 VR 694.

Words and phrases — "substantial miscarriage of justice".

Short Particulars