Friday, March 2, 2012

Vic: 11-year-old could be charged over driving fatality

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Vic: 11-year-old could be charged over driving fatality

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By Jewel Topsfield

MELBOURNE, Aug 14 AAP - An 11-year-old boy who was behind the wheel of a car whichplunged into a creek in Victoria's west on Tuesday night, drowning a 42-year-old man,could be charged with unlicensed driving.

Superintendent Lindsay Florence from Ballarat Police said the boy, from Delacombe,whose name has not been released, was yet to be interviewed by police.

But he said he could be charged with driving without a licence "at the very minimum",if it was established the child was aware that what he was doing was wrong.

Murray Dance, from Ballarat, died when the primary school student lost control of thehigh performance Holden Commodore he was driving on the dark, slippery and wet Sebastopol-SmythesdaleRoad, near Ballarat, about 11.30pm (AEST) on Tuesday.

The boy was able to scramble to safety after the car plunged into the freezing watersof Winter Creek, but Mr Dance drowned when the water filled the cabin of the car.

Supt Florence said the boy, who is believed to be a family friend of Mr Dance, waslikely to be interviewed by police in the next couple of days.

He said children between 10 and 14 could be charged with an offence if it was establishedthey had a "guilty mind" when the incident occurred.

"It is still possible to lay charges but that is not to say it will occur," Supt Florence said.

"We will have to look at an 11-year-old boy and what would be the trauma and impacton his lifetime and whether it would be appropriate to charge in the circumstances."

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