On a charge of culpable driving by negligence under s 29 of the Crimes Act 1900 (ACT), the jury direction must be confined to the statutory definition in s 29(7) — a failure unjustifiably and to a gross degree to observe the standard of care that a reasonable person would have observed. There is no requirement to direct the jury that the driving must involve a high risk of death or serious injury. The Victorian authorities (De'Zilwa and Bouch) do not apply in the ACT because of material differences in the statutory context, including penalty hierarchy, the availability of alternative verdicts, and the removal of recklessness as a separate ground of culpability.
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