McPHERSON v Lucas

(2008) 181 A Crim R 587; [2008] WASCA 56

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Offences
3. › Traffic offences
4. › Dangerous driving causing bodily harm
5. › Distinction between dangerous driving and careless driving
6. › Whether manner of driving dangerous to the public or merely negligent
7. › Road Traffic Act 1974 (WA), s 59A(1)(b)
1. Criminal Law
2. › Offences
3. › Traffic offences
4. › Dangerous driving
5. › Elements of offence
6. › Actual driving behaviour of driver as relevant fact in issue
7. › Whether objective physical movement of vehicle determinative
8. › Road Traffic Act 1974 (WA), s 59A(1)(b)
1. Criminal Law
2. › Offences
3. › Traffic offences
4. › Dangerous driving
5. › Relationship with road rules
6. › Whether contravention of give way rule establishes dangerous driving
7. › Road Traffic Code 2000 (WA), reg 52
1. Appeal
2. › Appeal from magistrate to Supreme Court
3. › Criminal appeal
4. › Fact finding on appeal
5. › Whether appeal judge entitled to draw different inferences from accepted evidence
6. › Whether compelling inference displaced magistrate's findings

Quick Take

A contravention of a give way road rule resulting in a collision does not, without more, establish dangerous driving under s 59A(1)(b) of the Road Traffic Act 1974 (WA). The prosecution must identify a feature of the driving that subjects the public to risk over and above that ordinarily associated with driving, including driving by persons who may on occasions drive with less than due care. Road rules are relevant but not determinative of the standard for dangerous driving. The relevant fact in issue is the actual driving behaviour of the driver, not the objective physical movement of the vehicle.