King v The Queen [2012] HCA 24 (20 June 2012)

King v The Queen [2012] HCA 24 (20 June 2012)

Criminal law – Appeal against conviction – Jury misdirection – Appellant convicted of two counts of “culpable driving causing death” contrary to s 318(1) of the Crimes Act 1958 (Vic) (“the Act”) – Jury had power under the Act to return an alternative verdict of “dangerous driving causing death” contrary to s 319(1) if satisfied that accused not guilty of offence charged under s 318 – Trial judge directed jury that dangerous driving established by proof accused drove in way that “significantly increased the risk of harming others” and that Crown did not have to show driving was “deserving of criminal punishment” – Whether trial judge misdirected jury – Whether R v De Montero (2009) 25 VR 694 should be followed – Whether departure from trial according to law or miscarriage of justice.

 

Words and phrases – “culpable driving causing death”, “deserving of criminal punishment”, “dangerous driving causing death”.

Crimes Act 1958 (Vic), ss 318, 319, 422A(1).