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NCJRS Abstract

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NCJ Number: 137087 Find in a Library
Title: Death Caused by Dangerous Driving
Corporate Author: Victorian Law Reform Cmssn
Date Published: 1992
Page Count: 61
Sponsoring Agency: Victorian Law Reform Cmssn
Melbourne Victoria 3000, Australia
Publication Number: ISBN 0-7306-2316-5
Sale Source: Victorian Law Reform Cmssn
Level 10
10-16 Queen Street
Melbourne Victoria 3000,
Type: Legislation/Policy Analysis
Language: English
Country: Australia
Annotation: This report analyzes the current law, penalties, and police charging practices in Victoria, Australia concerning manslaughter, culpable driving causing death, and reckless driving and recommends draft legislation relating to fatalities caused by dangerous driving.
Abstract: The analysis concluded that a new offense of "dangerous driving causing death or very serious injury" should be created to cover cases in which the accused person's culpability is less than that required for manslaughter, but is still substantial enough to justify some form of criminal punishment. This offense should be available as an alternative verdict where the accused has been charged with manslaughter. The maximum penalty for this offense of dangerous driving causing death should be 5 years of imprisonment, while the maximum penalty for the new offense of dangerous driving should be 2 years of imprisonment. In addition, police charting practices and record-keeping procedures in relation to fatal vehicle accidents should be reviewed. Additional recommendations and appended draft legislation and studies of public attitudes and traffic fatalities.
Main Term(s): Foreign laws; Vehicular homicide
Index Term(s): Criminalization; Manslaughter; Reckless driving; Victoria
Note: Report No. 45
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