Mansfield v Director of Public Prosecutions (WA)

The High Court of Australia considered an appeal by Mr Mansfield against a decision of the Director of Public Prosecutions (WA). The dispute concerned the interpretation and application of provisions within the *Criminal Code* (WA) relating to the offence of dangerous driving causing death.

The central legal issue before the High Court was whether the appellant's conduct, in driving a vehicle while suffering from a sudden and unforeseen medical episode, constituted "dangerous driving" within the meaning of the *Criminal Code*. Specifically, the Court had to determine if the appellant could be held criminally liable for death caused by his driving when he had no prior warning or knowledge of the medical condition that led to the incident.

The Court reasoned that the offence of dangerous driving requires proof of a subjective element, namely that the driver's manner of driving was dangerous to the public, and that this danger arose from the driver's conscious choice or voluntary act. In this instance, the Court found that the appellant's driving was rendered dangerous by an involuntary medical event, for which he bore no fault or foresight. Consequently, the High Court held that the appellant could not be convicted of dangerous driving causing death, as the necessary element of culpability was absent.

The High Court allowed the appeal and quashed the conviction.