Peters v WA [No 2]

[2013] WASCA 205

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Dangerous driving causing death
4. › Defence of unwilled act
5. › Whether evidence sufficient to enliven defence
6. › Whether trial judge obliged to direct jury on defence not raised by defence counsel
7. › Criminal Code (WA), s 23A(2)
8. › Road Traffic Act 1974 (WA), s 59(1)(a)
1. Criminal Law
2. › Road traffic offences
3. › Dangerous driving causing death
4. › Meaning of 'driving'
5. › Statutory definition of 'drive'
6. › Whether person retains control over movement or propulsion despite interference with steering
7. › Road Traffic Act 1974 (WA), s 5, s 59(1)(a)
1. Criminal Law
2. › Appeal against conviction
3. › Miscarriage of justice
4. › Failure to direct jury on defence not raised at trial
5. › Pemble direction
6. › Whether defence raised on the evidence
7. › Criminal Appeals Act 2004 (WA), s 30

Quick Take

The statutory definition of 'drive' in s 5(1) of the Road Traffic Act 1974 (WA) is disjunctive: a person who retains control over the movement or propulsion of a vehicle remains a 'driver' even if deprived of control over steering. Interference with a driver's arm by a passenger, even if it affects steering, does not negate the element of 'driving' where the driver retains control of the accelerator and brakes. The question whether s 23A(2) of the Criminal Code (WA) is impliedly excluded by the dangerous driving provisions of the RTA remains open.