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7.2.5.3 - Checklist: Culpable Driving by Recklessness

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Three elements the prosecution must prove beyond reasonable doubt:

  1. The accused was driving a motor vehicle; and
  2. The accused’s driving was culpable; and
  3. The accused’s culpable driving caused the victim’s death.

 

Driving a Motor Vehicle

1. Was the accused driving a motor vehicle?

If Yes, then go to 2

If No, then the accused is not guilty of Culpable Driving

Culpable Driving

2. Did the accused drive recklessly?

2.1 Was the accused aware of a risk that death or really serious injury may result from his/her driving?

If Yes, then go to 2.2

If No, then the accused is not guilty of Culpable Driving

2.2 Was the risk of death or really serious injury substantial?

If Yes, then go to 2.3

If No, then the accused is not guilty of Culpable Driving

2.3 Did the accused consciously and unjustifiably disregard that risk?

If Yes, then go to 3

If No, then the accused is not guilty of Culpable Driving

Causation

3. Was the accused’s reckless driving a substantial or significant cause of the victim’s death?

Consider – Was the victim’s death caused by the occurrence of the risk that the accused was aware of, but chose to disregard?

If Yes, then the accused is guilty of Culpable Driving
(as long as you have also answered Yes to questions 1, 2.1, 2.2 and 2.3)

If No, then the accused is not guilty of Culpable Driving

 

Last updated: 2 July 2019

See Also

7.2.5 - Culpable Driving Causing Death

7.2.5.1 - Charge: Culpable Driving Causing Death: One Basis of Culpability

7.2.5.2 - Charge: Culpable Driving Causing Death: Multiple Bases of Culpability

7.2.5.4 - Checklist: Culpable Driving by Gross Negligence

7.2.5.5 - Checklist: Culpable Driving by Influence of Alcohol

7.2.5.6 - Checklist: Culpable Driving by Influence of Drugs