In future cases of culpable driving by gross negligence under s 318(2)(b) of the Crimes Act 1958 (Vic), trial judges are ordinarily obliged to direct the jury using the Nydam manslaughter formulation: that the driving involved such a great falling short of the standard of care which a reasonable person would have exercised, and which involved such a high risk that death or serious injury would follow, that the driving causing death merited criminal punishment. The word 'gross' should no longer be left unexplained, and the expression 'significant departure' unacceptably dilutes the standard. A reference to and comparison with civil negligence is also helpful.
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