Where a count of culpable driving alleges alternative forms under s 318(2) of the Crimes Act 1958 (Vic) and the accused contests one form, the admissibility of evidence relevant to the contested form must be resolved before the plea is taken, or a plea of not guilty should be entered. Severe permanent injuries sustained by an offender in the course of culpable driving may constitute a powerful mitigating factor sufficient to sustain a merciful sentence that would otherwise appear manifestly inadequate. Want of compliance with the statutory regime for drink-driving offences does not ordinarily preclude reliance on blood alcohol analysis for offences such as culpable driving, manslaughter and murder.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.