A lesser species of homicide death, drivers and the law / Kerry King.

Contents Introduction : law, 'accidents' and the 'road toll' -- Ch. 1. Manslaughter and negligent driving causing death, 1946-1974 : increasing the scope of liability, conflating the test of negligence -- Ch. 2. An overview of Supreme Court trials, 1946-1974 : indictments, verdicts and trends in sentencing -- Ch. 3. Supreme Court trials, 1946-1974 : key emerging themes -- Ch. 4. One for the road, 1946-1974 : drinking, driving and criminal negligence -- Ch. 5. Killing them softly, 1946-1974 : the deaths of pedestrians and cyclists -- Ch. 6. Dangerous driving causing death and the Road Traffic Act 1974 : freeing the Crown from the bonds of negligence? -- Ch. 7. Reconsidering Laporte v R and the maximum imposable penalty, 1970-2004 -- Ch. 8. Jess' law, 2004 : the 015% deeming provision, the causative nexus and aggravated dangerous driving causing death -- Ch. 9. After Jess : reflecting the value of human life? : 'Ordinary' versus aggravated dangerous driving causing death -- Ch. 10. A new offence - careless driving causing death - and another law for another girl - Charlotte's law -- Conclusion : a lesser species of homicide -- Appendices -- Table A1 : Supreme Court indictments, 1946-1974 : cases of interest with sampled files marked -- Table A2 : Convictions and sentences, 1976-194 : vehicular manslaughter and negligent driving causing death -- Table A3 : Supreme Court indictments, 1975-1981 : cases of interest with sampled files marked.
Abstract There has been a dearth of longitudinal attention to the prosecution of 'road traffic death' in Australia and worldwide, surprising given more than 50 million people have died or been killed to date. Globally, the 'road toll' is estimated at 1.35 million per year. Almost all of those deaths are attributable to some form of human error. A Lesser Species of Homicide examines the shifting nexus where human error, fault, act or omission meet the question of criminal liability. In the first study of its kind in the world, Kerry King examines how parliaments, prosecutors, police and the courts have responded to deaths occasioned by the use of motor vehicles from the mid-twentieth century to the present, including the extent to which the community and judiciary have been prepared to label driving conduct culpable. She explores how our weddedness to the residual notion of 'accident', to speed, drink-driving, risk, masculinity and the broader driving culture, have intersected with the tenets of intention, negligence, dangerousness and carelessness to affect judgments about drivers' conduct. Drawing on hundreds of cases, King carefully traces the construction of offences and case law while observing key emerging themes, including approaches to multiple fatalities, outcomes in cases involving vulnerable road users, the difficulties with prosecuting intoxicated drivers and, most importantly, trends in charging standards and sentencing. For rigour, one Australian jurisdiction, Western Australia, has been chosen as the site of inquiry, yet there is little evidence to suggest that the trends explored herein are peculiar or exceptional. The status quo elsewhere in Australia and overseas appears remarkably similar. A Lesser Species of Homicide seeks to explore how and why deaths on the road have been treated as a species apart.--Publisher info.
Bibliography noteIncludes bibliographical references (pages 427-442) and index.
Access restrictionAvailable only to authorized users.
Technical detailsMode of access: World Wide Web
Genre/formElectronic books.
LCCN 2019394290
ISBN9781760800024 (softcover)

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