For a charge of dangerous driving causing death under s 319(1) of the Crimes Act 1958 (Vic), the prosecution must prove that the death was caused by the dangerous manner of driving, not merely that the death occurred while the accused was driving in a manner that was dangerous. A direction that effectively withdraws the causation element from the jury's consideration constitutes a substantial miscarriage of justice. Where the evidence cannot establish beyond reasonable doubt that the particularised dangerousness (as opposed to the driving itself) caused the death, a conviction cannot stand.
The full text is available to signed-in members.