A misdirection that adds an additional element to an offence (here, fault in the context of dangerous driving under s 328A) does not cause a substantial miscarriage of justice because it creates an additional obstacle to conviction rather than removing a necessary element. The offence of dangerous operation of a vehicle under s 328A of the Criminal Code 1899 (Qld) requires only proof that, objectively viewed, the manner of driving was dangerous to the public; fault is no part of the offence.
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