King v The Queen [2012] HCA 24

King v The Queen [2012] HCA 24

The trial judge was not required to direct the jury that the Crown had to prove the driving was 'deserving of criminal punishment' for dangerous driving causing death under s 319 Crimes Act 1958 (Vic). Negligence is not an element of dangerous driving causing death, and the offence is satisfied upon proof of driving objectively dangerous to the public. The erroneous direction did not result in a miscarriage of justice; the appeal is dismissed.

Parties
Appellant: Trent King; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
20 June 2012
Procedural Posture
Criminal Appeal / High Court Appeal From Supreme Court of Victoria (court of Appeal)
Outcome
appeal dismissed
Legal Topics
Culpable Driving Causing Death, Dangerous Driving Causing Death, Jury Direction, Miscarriage of Justice, Criminal Negligence, Alternative Verdicts
Criminal Law Culpable Driving Causing Death Dangerous Driving Causing Death Jury Direction Miscarriage of Justice Criminal Negligence Alternative Verdicts

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Parties

Trent King

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / High Court Appeal From Supreme Court of Victoria (court of Appeal)

Legal Issues

  1. 1 Whether the trial judge's direction to the jury on the alternative offence of dangerous driving causing death was erroneous and amounted to a miscarriage of justice
  2. 2 Whether it was necessary for the Crown to prove that the driving was 'deserving of criminal punishment' under s 319 Crimes Act 1958 (Vic)
  3. 3 Whether R v De Montero (2009) 25 VR 694 was correctly decided and should be followed in setting the degree of culpability for dangerous driving causing death

Ratio Decidendi

The trial judge was not required to direct the jury that the Crown had to prove the driving was 'deserving of criminal punishment' for dangerous driving causing death under s 319 Crimes Act 1958 (Vic). Negligence is not an element of dangerous driving causing death, and the offence is satisfied upon proof of driving objectively dangerous to the public. The erroneous direction did not result in a miscarriage of justice; the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Convictions affirmed.