Police v Vialle - [1989] 1 NZLR 521

Transport and transport licensing — Offences — Careless use of motor vehicle causing injury — Falling asleep while driving — Acting under the orders of a superior officer, a territorial army corporal drove a truck in the early hours of the morning — He fell asleep while driving, and his passenger was injured in the accident — Whether a driver is necessarily careless in falling asleep while driving — Whether it was relevant that the driver had been ordered to drive by a superior officer — Observations on whether a general defence of acting under superior military orders could be a defence if what was done was unlawful — Crimes Act 1961, s 47 — Transport Act 1962, s 56(1).