Dangerous driving and negligence are not mutually exclusive categories under s 319(1) of the Crimes Act 1958 (Vic). The trier of fact is not required to identify some fact or combination of facts that 'elevates' inattentive driving beyond negligence; the essential inquiry is whether the driving was dangerous. An inference that the accused drove carelessly is not necessarily an inference consistent with innocence on a charge of dangerous driving. Prolonged inattention of approximately nine seconds in clear conditions with an unimpeded view of a stationary pedestrian is capable of constituting dangerous driving.
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