Evidence of prior driving incidents is admissible in culpable driving prosecutions where the incidents are closely related in time, distance and circumstance to the charged collision, as evidence of the accused's general manner of driving. The modified jury directions prescribed by R v De'Zilwa for culpable driving by negligence operate prospectively from 3 October 2002 and do not render earlier trials defective. Fatigue-induced culpable driving is not to be treated more leniently than alcohol-induced culpable driving for sentencing purposes.
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