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7.2.5.5 - Checklist: Culpable Driving by Influence of Alcohol

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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 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 while affected by alcohol to such an extent as to be incapable of having proper control over the motor vehicle?

Consider – Was the accused unable to drive to the same standard as a reasonably competent driver?

If Yes, then go to 3

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

Causation

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

Consider – The victim’s death does not need to have been caused by the effects of the alcohol on the accused’s driving.

If Yes, then the accused is guilty of Culpable Driving
(as long as you have also answered Yes to questions 1 and 2)

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

 

Last updated: 16 October 2007

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

7.2.5.4 - Checklist: Culpable Driving by Gross Negligence

7.2.5.6 - Checklist: Culpable Driving by Influence of Drugs