The obligation under s 54(2) of the Road Traffic Act 1974 (WA) is an objective, potentially continuing obligation requiring the driver to ensure each victim receives all necessary and practicable assistance, which may be satisfied by ensuring others provide the assistance but requires the driver to remain at the scene to cover gaps. Where there is uncertainty whether a victim is dead or alive, the driver must proceed on the basis the victim is seriously injured. The proviso may apply where a trial judge directs on the wrong statutory offence if the substance of the directions addresses the correct offence elements and the offences overlap on the facts. The defence of emergency under s 25 of the Criminal Code (WA) requires evidence of reasonable grounds for the belief in emergency, not merely the accused's subjective fear based on the ethnicity of the victims.
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