Tuvalu Island Courts Bench Book - Federal Court of Australia

Careless driving
Section s20 Traffic Act 1983 (Cap 71)
Description
Every person is guilty of an offence who drives a motor vehicle or
bicycle without due care and attention, or without reasonable
consideration for others.
Elements • The person named in the charge is the same person who is
appearing in Court;
• The accused drove a motor vehicle or rode a bicycle;
• The driving or riding was:
without care and attention expected of a reasonably
competent driver; or
was inconsiderate to others.
Commentary
Burden and standard of proof
The prosecution must prove all the elements beyond reasonable
doubt. If the defence establishes to your satisfaction that there is a
reasonable doubt, then the prosecution has failed.
Identification
In Court, the prosecution should identify the person charged by
clearly pointing out that person in Court.
The prosecution must provide evidence to prove that it was the
accused who drove or rode.
Place
There is no express statement that the driving must be on a road.
This appears not to be an essential element, so the driving or riding
may be on private property. Most bad driving that comes to
attention, however, will be from driving on a public road.
Nature of the driving or riding
The prosecution must prove that the nature of the driving or riding
was well below the standard others expect.
Tuvalu Island Courts Bench Book June 2004