Foreseeability is not part of the test for driving without due care under South Australian law, and a trial judge is not required to direct the jury on foreseeable risk for that alternative verdict. The 'but for' test is not the sole test of causation in criminal driving cases; the question is whether the driving was 'a substantial cause' of the harm. A brief summing up that states the elements of the offence and summarises the defence case on essential issues, even if not comprehensively, will not constitute a miscarriage of justice where the case is straightforward.
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