The offence of drive in a manner dangerous is committed by a person who drives a car on a public road in a manner that is considered by the court as dangerous to the public.
Queensland Criminal Code 328A provides that a person is committing a traffic offense is he operates, or in any way interferes with the operation of a vehicle dangerously in any place.
Prosecution seeking to convict the accused must be able to prove beyond reasonable doubt that the accused at the time was driving in a manner that is dangerous to the public.
The law merely says any place so it is presumed that the offense may be committed in either a public or private place. In deciding whether the operation of the vehicle was dangerous, the Court will need to take into account the circumstances present at the time the accused was driving such as:
- Nature and condition of the road;
- Nature and condition of the place;
- the number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place; and
- the presence of intoxicating substances in the driver’s blood;
The burden of proving the commission of the crime, its elements and existence of aggravating circumstances lie on the prosecution. Since this is a criminal offense, the required evidence for a conviction must be proof beyond reasonable doubt. On the other hand, the accused is presumed innocent until proven guilty.
If you have been charged with a dangerous driving offence, it is important that you seek legal advice.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.
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