The cognitive condition of a driver, including alcohol intoxication, can itself constitute the 'manner' of driving for the purposes of s 59(1)(b) of the Road Traffic Act 1974 (WA), but this is a question of degree. A blood alcohol content below the 0.15 deeming threshold, combined with speed marginally above the limit and an otherwise unexceptionable lane change, does not compel a finding of dangerous driving where the objective manifestations of driving do not support an inference of incapacity. On a single judge appeal from a magistrate's acquittal, the appellate judge may not make findings of fact inconsistent with or beyond the magistrate's unchallenged findings without giving the parties notice. The meaning of 'in any way attributable' in s 59B(6) was left open, with McLure P suggesting it picks up the civil law test of causation but Buss JA and Mazza JA expressly reserving their positions.
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