Criminal liability of drivers who fall asleep causing motor vehicle crashes resulting in death or other serious injury: Jiminez

This report makes recommendations in relation to the need for legislative and procedural change to address the criminal liability of drivers who fall asleep and are then involved in motor vehicle crashes. Courts, both in Australia and in other jurisdictions, have had cause to consider the criminal responsibility of drivers who fall asleep at the wheel and are involved in crashes on a number of occasions. Most notably, the High Court considered the issue in Jiminez v The Queen where it approved an earlier decision of the South Australian Court of Criminal Appeal in Kroon.

• Record URL:
  • http://www.utas.edu.au/__data/assets/pdf_file/0010/283744/JiminezA4.pdf
• 
• Corporate Authors:

  Tasmania Law Reform Institute

  Hobart, Tasmania   

  Tasmania Law Reform Institute

  ,    
• Publication Date: 2010-10

Language

• English

Media Info

• Pagination: 103p
• Serial:
  • Issue Number: 13

Subject/Index Terms

• TRT Terms: Behavior; Crash causes; Crimes; Drivers; Highway safety; Legislation; Liability; Physiological fatigue
• Uncontrolled Terms: Safe systems (road users)
• ATRI Terms: Crash cause; Driver behaviour; Human fatigue; Legislation; Offence; Responsibility; Road safety
• Subject Areas: Law; Security and Emergencies;

Filing Info

• Accession Number: 01383345
• Record Type: Publication
• Source Agency: ARRB
• Files: ATRI
• Created Date: Aug 22 2012 2:05PM