The use of the expression 'merits criminal punishment' or equivalent when directing juries on gross negligence in culpable driving cases is confirmed as a misdirection following Bouch, but will not occasion a substantial miscarriage of justice where conviction is inevitable on the evidence. In culpable driving cases where the accused's vehicle was behind the deceased's vehicle and appeared to be in pursuit, the deceased driver's conduct is irrelevant to the assessment of gross negligence. The language of 'complicity' should be avoided in sentencing for culpable driving; instead, the language of 'reduced responsibility' or 'other contributing causes' should be used. Croucher AJA left open whether a direction requiring the jury to be 'satisfied that the appropriate finding is one of not guilty' before considering alternatives impermissibly affects the burden of proof.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
3 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.