Under the Road Traffic Act 1974 (WA), 'driving' requires only physical control over the vehicle and has no mental element; a person whose hands are on the steering wheel and feet on the pedals while the car is moving is driving regardless of conscious awareness. The mental elements and fault are addressed exclusively through ch V of the Criminal Code (WA). Driving by a person suffering an epileptic seizure can be characterised as objectively dangerous, with the seizure engaging the insanity defence under s 27 of the Code rather than negating the element of driving or dangerousness. The defence under s 54(5) of the Road Traffic Act (lack of awareness of the incident) does not require inquiry into the reason for the lack of awareness.
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