The De'Zilwa direction on gross negligence in culpable driving cases is a rule of practice for future cases, not a retrospective declaration of law. However, where the evidence permits findings ranging from mere carelessness to gross negligence, fairness may require an explanation of the offence's kinship to manslaughter even in trials conducted before De'Zilwa. In culpable driving cases, the issue of whether the culpable element in the driving (as distinct from the collision itself) caused the death must be left to the jury where it is a live issue.
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