R v Coventry [1938] HCA 31

R v Coventry [1938] HCA 31

Liability for driving a motor vehicle in a manner dangerous to the public under s.14 of the Criminal Law Consolidation Act 1935 (S.A.) is determined by the objective nature of the driving conduct, not the driver's state of mind; momentary or casual lapses of attention resulting in danger are within the scope of the offence.

Parties
Applicant: The King; Respondent: Robert Victor Coventry
Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal (criminal) / High Court of Australia—application for Special Leave to Appeal From the Court of Criminal Appeal of South Australia
Outcome
Application for special leave to appeal refused.
Legal Topics
Dangerous Driving, Motor Vehicle Offences, Objective Test of Liability, Culpable Negligence
Criminal Law Dangerous Driving Motor Vehicle Offences Objective Test of Liability Culpable Negligence

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Parties

The King

Applicant

Robert Victor Coventry

Respondent

Procedural Posture

Application for Special Leave to Appeal (criminal) / High Court of Australia—application for Special Leave to Appeal From the Court of Criminal Appeal of South Australia

Legal Issues

  1. 1 Whether driving in a manner dangerous to the public, causing death, under sec. 14 of Criminal Law Consolidation Act 1935 (S.A.) requires proof of a particular state of mind (mens rea) or is tested objectively.
  2. 2 Meaning and scope of 'manner of driving' in criminal liability under the Act.

Ratio Decidendi

Liability for driving a motor vehicle in a manner dangerous to the public under s.14 of the Criminal Law Consolidation Act 1935 (S.A.) is determined by the objective nature of the driving conduct, not the driver's state of mind; momentary or casual lapses of attention resulting in danger are within the scope of the offence.

Court Disposition

Application for special leave to appeal refused.

Orders

  • Special leave to appeal refused.