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7.2.6.3 - Checklist: Dangerous Driving Causing Death

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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 was driving dangerously; and
  3. The accused’s dangerous 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 Dangerous Driving Causing Death

Dangerous Driving

2. Did the accused drive dangerously?

Consider – Did his/her driving involve a serious breach of the proper management or control of a vehicle which created a real risk that members of the public in the vicinity would be killed or seriously injured.

If Yes, then go to 3

If No, then the accused is not guilty of Dangerous Driving Causing Death

Causing Death

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

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

If No, then the accused is not guilty of Dangerous Driving Causing Death

 

Last updated: 25 July 2012

See Also

7.2.6 - Dangerous Driving Causing Death or Serious Injury

7.2.6.1 - Charge: Dangerous Driving Causing Death or Serious Injury

7.2.6.2 - Charge: Dangerous Driving Causing Serious Injury (Pre-1/7/13)

7.2.6.4 - Checklist: Dangerous Driving Causing Serious Injury