s. 318 (c) whilst under the influence of alcohol to such an extent as to be incapable of having proper control of the motor vehicle; or (d) whilst under the influence of a drug to such an extent as to be incapable of having proper control of the motor vehicle. (2A) Without limiting subsection (2)(b), negligence S. 318(2A) inserted by within the meaning of that subsection may be No. 59/2004 established by proving that— s. 5. (a) a person drove a motor vehicle when fatigued to such an extent that he or she knew, or ought to have known, that there was an appreciable risk of him or her falling asleep while driving or of losing control of the vehicle; and (b) by so driving the motor vehicle the person failed unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all the circumstances of the case. (3) An indictment for an indictable offence under this S. 318(3) amended by section shall specify which form of culpability Nos 9576 within the meaning of subsection (2) is charged s. 11(1), 68/2009 but evidence of the whole of the circumstances s. 97(Sch. shall be admissible on the trial on the indictment. item 40.13). (4) A person who is convicted or acquitted of an S. 318(4) amended by indictable offence under this section shall not in No. 9576 respect of the death concerned subsequently be s. 11(1). prosecuted for unlawful homicide or under this section. (5) A person who is convicted or acquitted of any S. 318(5) amended by form of unlawful homicide not referred to in this Nos 9576 section shall not in respect of the death concerned s. 11(1), 68/2009 subsequently be prosecuted under this section and s. 97(Sch. no other form of unlawful homicide shall be item 40.14).
(c) whilst under the influence of alcohol to such an extent as to be incapable of having proper control of the motor vehicle; or s. 318 (d) whilst under the influence of a drug to such an extent as to be incapable of having proper control of the motor vehicle. S. 318(2A) inserted by No. 59/2004 s. 5. (2A) Without limiting subsection (2)(b), negligence within the meaning of that subsection may be established by proving that— (a) a person drove a motor vehicle when fatigued to such an extent that he or she knew, or ought to have known, that there was an appreciable risk of him or her falling asleep while driving or of losing control of the vehicle; and (b) by so driving the motor vehicle the person failed unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all the circumstances of the case. S. 318(3) amended by Nos 9576 s. 11(1), 68/2009 s. 97(Sch. item 40.13). (3) An indictment for an indictable offence under this section shall specify which form of culpability within the meaning of subsection (2) is charged but evidence of the whole of the circumstances shall be admissible on the trial on the indictment. S. 318(4) amended by No. 9576 s. 11(1). (4) A person who is convicted or acquitted of an indictable offence under this section shall not in respect of the death concerned subsequently be prosecuted for unlawful homicide or under this section. S. 318(5) amended by Nos 9576 s. 11(1), 68/2009 s. 97(Sch. item 40.14). (5) A person who is convicted or acquitted of any form of unlawful homicide not referred to in this section shall not in respect of the death concerned subsequently be prosecuted under this section and no other form of unlawful homicide shall be
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