Preview

Culpable Driving Case Summary

Good Essays
Open Document
Open Document
480 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Culpable Driving Case Summary
On January the 16th Annie Owther pleaded guilty to her alleged one count offences of: Culpable driving causing death, negligently causing serious injury and driving while disqualified. Annie’s actions resulted in one death and four serious injuries including her own. Today we examine all factors leading to this event and reveal Annie’s sentencing and suggest recommendations for future mishaps.
On January 16th Annie pleaded guilty to the alleged one count of culpable driving, one count of negligently causing serious injury and one count of driving while disqualified. Culpable driving is when a person is driving a vehicle recklessly, negligently or under the influence of alcohol or drugs causing death. In Annie’s case she was driving under the influence of alcohol which lead her to lose control of the car. The outcomes of Annie’s careless
…show more content…
Along with the physical damage obtained by the victim’s, mental trauma will be left with those in the accident and also ongoing grief for the family of Bob Winkle. Annie had previous convictions which correlate to this offence, so the sentence she will receive will be because of deterrence and rehabilitation reasons. The purpose of deterrence and rehabilitation is to stabilize Annie’s life and encourage people not to commit crimes again, which seems fit for Annie’s situation. Taking into account Annie’s traumatic experiences of being sexually abused by her father, being a victim of domestic violence from her husband, her attempts at remorse for her alcohol addiction and pleading guilty out of her free will has lead me to my decision of her sentencing. Annie will serve 3 years in jail with a provided rehabilitation program and a non-parole period of 2 years, which is less than the baseline and medium sentence in Victoria regarding culpable driving causing death. Another factor considered whilst convicting Annie was that statistics shows that

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Mark Holden Case Study

    • 261 Words
    • 2 Pages

    This case revolves around negligence. All Australian jurisdictions will view Mark Holden as he committed an offence, if he is found to be driving the…

    • 261 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    In order to determine the role of DD’s violation of the statute in the car accident the three-part negligence per se test must be applied to determine if . The three elements of the negligence per se test: whether the statute protects a class of individuals of which the Plaintiff is a member, protects against harm of the sort that the Plaintiff suffered, is an appropriate standard for use in the case. Applying this statute to the case it can be determined that the statute was created to protect the class of individuals such as the hitchhiker, i.e. passengers in other vehicles while DD was driving on the road in a tractor trailer truck which he was not licensed to drive. The state statute 101 was not created to prevent the type of harm that was suffered by the Plaintiff, the hitchhiker’s injury was caused by FF’s rear-ending DD and not by DD driving a tractor trailer truck. This is also not the appropriate standard for use in this case because the harm was not the result of violation of the standard. Therefore, the reasonable person standard should be applied instead of negligence per…

    • 778 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    The issue presented is whether or not Josie was operating her vehicle. Based on the fact pattern in Josie’s case the finding of her being in “operation” would be in her favor under the applicable law. Operating while intoxicated (OWI) is defined by Ind. Code § 9-30-5-2, which states, “A person who operates a vehicle while intoxicated commits a Class C misdemeanor.” Ind. Code 9-13-2-118, defines “operator” meaning a person who drives or is in actual control of a motor vehicle upon a highway. To determine whether or not a person was operating a vehicle they used the Hiegel test with four factors but only the second factor concerns us here, it state whether or not the motor was running.…

    • 529 Words
    • 3 Pages
    Good Essays
  • Good Essays

    * Driving in a careless and inattentive manner, disregarding other motor vehicles and endangering lives of drivers…

    • 641 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Mr. Leighe Case Study

    • 390 Words
    • 2 Pages

    Mr. Leighe is charged with a hit and run, that caused a pedestrian to lose his life. Mr. Hall was riding his bike down the road, in front of Leighe, with his front and rear lights working properly, following all the rules. Leighe hit him with the front of his car, then drove away from the accident scene immediately. He had not only been drinking wine that evening, but also drove home, and hid his car at the back of his property. Leighe fled from the crime scene, had alcohol in his system, and hid the evidence. However, his driving record only consisted of two speeding tickets made more than 10 years ago. Leighe claims his car was frosted over making it visibly difficult to see and therefore had no intention of harming Mr. Hall. He also pleaded…

    • 390 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The 39-year-old Ashland man has since pleaded guilty in Wayne County Municipal Court to operating a vehicle while under the influence. He was fined $600 and he was placed on 18 months of probation, during which time he must participate in counseling. His driver's license also was suspended for 18 months.…

    • 649 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    X is guilty of negligent homicide. According to the Model Penal Code 2.02 (d), “A person acts negligently with respect to a material element of an offense when he should aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct”. Therefore, this is a negligent homicide because X BELIEVES that X can heal the sick by killing them. X did not killed Y by knowing that Y cannot be brought back to life. X have a lack of awareness since X has never actually performed spiritual healing before. If X previously has failed to bring a sick cult back to life, it would be relevant to my answer, in this case X would have an awareness that spiritual healing cannot bring a suck cult back to life.…

    • 136 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Tamara Graham and William Thornton were in two completely separate car accidents. In both accidents, two people were killed. Neither of the drivers were at all impaired by drugs or alcohol, however Thornton did not have a driver's license. Graham, a well-off Caucasian 42-year-old woman, received a sentence of probation and community service. Thornton, an 17-year old African American boy, received 30 years in prison.…

    • 529 Words
    • 3 Pages
    Good Essays
  • Good Essays

    the morning of July 4, 2011, he had no idea that she would be taking him for his last ride. According to an article in the Terlingua Daily Express, Golatas, 17, and Smitter, 18, had planned a holiday excursion to festivities in nearby Appaloosa County. Six months later, it was no holiday when a Kiva County grand jury indicted Smitter for vehicular homicide (Buck A1+). Witnesses testified that Smitter was texting while driving along State Route 90 on that July 4. She went into a skid while trying to avoid a van attempting to make a left turn in front of her, but she slammed into it. Golatas was killed, as were two young children in the van. The children’s mother and driver of the other car, Daniella Simpson, was seriously injured, is now paralyzed, and “sentenced to spend the rest of her life confined to a wheelchair” (Kingman 111). This tragedy might have been avoided if the United States had a national law prohibiting texting while driving, strictly enforced such a law, and established stiff penalties for those convicted of breaking it.…

    • 1033 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Masters, John. "Meridian Woman Pleads Guilty to Crash That Killed Two People." KTVB.COM. 4 Aug. 2010. Web. 05 Apr. 2012.…

    • 2422 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    * "She was incurably dishonest. Jordan Baker is also shown to be a very reckless driver. She carelessly stated that "It takes two to make to make an accident."…

    • 251 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Teenage Drunk Driving

    • 675 Words
    • 3 Pages

    Consequences of drunk driving are vast. The worst of them being killing of the innocent. Teenage drunk drivers put themselves and every other person on the road in danger. A teenager’s body is not usually immune to alcohol as well as adults. While intoxicated, teens take less risk and are much less cautious. In order to drive safely, the driver must be alert, quick, and capable to make decisions all the while executing them. Alcohol leads to loss of coordination, poor judgment, slow reflexes, and blurred vision. All of these things are required for driving safely. Teenagers jump behind the wheel of a vehicle without thinking. There are even cases in which best friends have killed each other due to driving drunk. On May 25, 2006 Jessica Rashdall, an eighteen year old, killed her best friend. The two were on their way home from a nightclub where they had been drinking. Within the next hour Laura Gorman was dead on a Florida highway. Rashdall served four years in prison even though it was an accident. Rashdall once shared a strong bond with her best friend’s family; now the Gorman’s blame Jessica for the loss of their loved one.…

    • 675 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Impaired and aggressive driving can both very often lead to incidents on the road. If you do either of them, you can risk your life and the life of others. If people drive responsibly they will reduce the chances of conflicts on the road and help make our roads safer.…

    • 307 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Her act was involuntary and the defendant was liable for its death. Culapable homicide. 4 years penal servitude.…

    • 991 Words
    • 3 Pages
    Good Essays
  • Good Essays

    News Report

    • 450 Words
    • 2 Pages

    An early Sunday morning crash, August 11, took the life of three teenage schoolgirls. 18 year old “P” plate driver, Jane Larsen, was on her way home from a house party with her two friends when she lost control of their car after she had run through the stop sign where the two lane road they’d been on intersected the M5. All three girls were pronounced dead at the scene. According to one of the girls last Twitter entries, Saturday, they were to attend a party that night “to have the time of their life”. The Paramedic at the scene says that a mixture of alcohol and marijuana played a major role in the accident. He says, “the combined effects of such depressant drugs can dramatically slow down your ability to coordinate the skills needed for safe driving and can result in serious consequences.”, in this case, death. Family and friends gathered for a vigil on Sunday afternoon, where a very emotional David Samuel, one of the girl’s fathers, told staff, ” I hope people learn from this. Somebody needs to make these laws tougher for all these partying, inexperienced teenagers out here, because they get 3 or 4 in a car, then they want to act out for their friends and these wrecks happen”. Victor Nilov, the head of the Sydney police department says, “Behind the wheel dealing with the effects of drugs is like holding a loaded gun, but many teenagers don’t treat it that way. The laws have no effect on these type of people, so we need to take a completely different approach with them. If they can't stop themselves from intoxication and driving, they need to be under the strict control by what's closest to them, the vehicles themselves.”says Victor Nilov, the head of the Sydney police department.” Victor suggests implementing a sensitive, zero tolerance device in the steering wheel of all P platers, used to detect the alcohol in their breath, and in turn preventing the vehicle from starting in such cases. ”We need to remove dangerous…

    • 450 Words
    • 2 Pages
    Good Essays