Culpable Driving in Victoria

Culpable Driving in Victoria relates to Section 318 of the Crimes Act. It states that if the prosecution can prove beyond reasonable doubt that:

  • You were driving a vehicle;
  • Your driving was culpable; and
  • The culpable driving caused the death of another

then you will be found guilty of culpable driving causing death.

The Penalty

If found guilty the maximum penalty is 20 years imprisonment.

First offenders, depending on the circumstances, may reasonably expect 5-9 years in jail if found guilty of culpable driving causing death.

Can I defend the charge?

You first must consider what the case is against you and what materials and/or evidence is put in the prosecution case against you.

The best option may be to offer to accept an alternative charge of dangerous driving causing death, which has the potential to avoid immediate imprisonment on this lesser charge.

Deciding what material is available is crucial, as you should never run a trial you cannot win. It will be expensive, the outcome worse and ultimately is not in your best interests.

It’s important to determine if you have a defence early for the best outcome. Ensure you obtain expert legal representation to give you the best chance to defend your infringement in court.