Dangerous Driving, Dangerous Driving charge
Dangerous Driving, Dangerous Driving charge

Dangerous Driving

 

 

 

Dangerous Driving - Punishment

  1. (2) Every one who commits an offence of dangerous driving under subsection;

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
    (b) is guilty of an offence punishable on summary conviction.

Dangerous Driving causing Bodily Harm

  1. (3) Every one who commits an offence of dangerous driving under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Dangerous Driving causing Death

Synopsis

Section 249 1,a makes it an offence to operate a motor vehicle in a manner that is dangerous to the public. To determine if the driving is dangerous, the section indicates that one must consider all of the circumstances such as the nature, condition and the use of the place as well as the amount of traffic that is, or might reasonably be expected to be present at the time.

In addition, it is essential that there be danger to the public who either were present, or who might have been expected to be present. A passenger in the car is part of the public in a Dangerous Driving case.

The mental element for the offence requires proof of an intention to operate the vehicle in a way which, objectively viewed, constitutes a departure from the standard of care expected of prudent driver in the circumstances.

In considering whether the manner of driving was dangerous and endangered the public, it was considered an error that the trial judge simply considered the absence of other traffic in the course of a high speed police chase. The passenger in the accused's car and the officer in the police cruiser were included in the public described in this section.

It is not necessary for the Crown to prove that the lives or safety of other were actually endangered.

The offence is proved where the Crown establishes that the dangerous driving was of a manner that was dangerous to the public, that is, either the public actually was present at the time of the dangerous driving or that the public might reasonable be expected to be in the area at the time of the offence, and that the dangerous driving displayed a "marked departure" from what a prudent driver would have done.