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7.2.6.4 - Checklist: Dangerous Driving Causing Serious Injury

Click here to obtain a Word version of this document for adaptation

This checklist is for conduct occurring on or after 1 July 2013. It must be adapted for conduct before that date.

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 serious injury.

 

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 Serious Injury

3. Did the accused’s dangerous driving cause the victim serious injury?

3.1 Were the victim’s injuries serious?

Consider - A serious injury is an injury which endangers life or is substantial and protracted.

If Yes, then go to 3.2

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

3.2 Was the accused’s dangerous driving a substantial or significant cause of those injuries?

If Yes, then the accused is guilty of
Dangerous Driving Causing Serious Injury
(as long as you have also answered Yes to questions 1, 2, and 3.1)

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

 

Last updated: 30 November 2015

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)

7.2.6.3 - Checklist: Dangerous Driving Causing Death