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7.2.5.4 - Checklist: Culpable Driving by Gross Negligence

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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 in a way that was grossly negligent?

2.1 Did the accused grossly and unjustifiably fail to observe the standard of care that a reasonable person would have observed in the circumstances?

Consider – What were the circumstances in which the accused was driving?

If Yes, then go to 2.2

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

2.2 Did the accused’s conduct fall so far short of that standard of care, and hold such a high risk of death or serious injury, that it constitutes gross negligence?

If Yes, then go to 3

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

Causation

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

Consider – Did the victim’s death result from the accused driving in a way that fell far short of the standard of care expected of a reasonable person in the circumstances, and which involved a high risk of death or serious injury?

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

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

 

 

Last updated: 31 October 2018

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

7.2.5.3 - Checklist: Culpable Driving by Recklessness

7.2.5.5 - Checklist: Culpable Driving by Influence of Alcohol

7.2.5.6 - Checklist: Culpable Driving by Influence of Drugs