Criminal dangerous driving is reckless driving by endangering the safety of the public.
Elements of the offence
To prove the offence of dangerous driving, the prosecution will have to prove beyond a reasonable doubt the constituent elements, namely the actus reus (physical element) and the mens rea (mental element).
Actus reus
The prosecution will have to prove 2 elements:
- Control of the vehicle: it will be necessary to prove that it was indeed the accused who, in full possession of his means, was in control of the vehicle.
- The dangerousness of driving for the public: the dangerousness of driving will be assessed based on circumstances such as speed, risky overtaking manoeuvres, road conditions, traffic density and weather conditions.
Mens rea
It should be noted that dangerous driving can be punished both criminally, under the Highway Safety Code, and criminally. However, in order to qualify as dangerous criminal conduct, it will be necessary to prove that the accused’s conduct was a marked departure from the standard of care that a reasonable person in the same situation would observe.
In order for the offence to be criminal in nature, which carries heavier sentences, the accused must have engaged in morally reprehensible conduct. In assessing the accused’s lack of diligence, consideration will be given to the context and the accused’s ability to prevent the danger or avoid the risk.
For example, in the Supreme Court’s decision in Beatty, the accused, after working in the sun all day, lost consciousness while driving for a few seconds. He then crossed the centre line and collided with an oncoming vehicle, killing his passengers. The Court acquitted him of the offence of dangerous criminal driving, finding that a moment of inattention did not constitute a marked departure from the standard of care of a prudent driver.
Different Dangerous Driving Offences
There are 3 different dangerous driving offences that are assessed based on the consequences of this conduct on the public.
- Dangerous driving: This is the least serious offence that applies when the dangerous driving did not result in injury or death.
- Dangerous driving causing bodily harm: This is an aggravated form of the offence of dangerous driving, where one or more persons have been injured as a result of the accused’s conduct.
- Dangerous driving causing death: This is the most serious offence that is retained when a victim dies in an accident.
Sentences
Penalties vary depending on the offence:
- For the offence of dangerous driving, there is no minimum sentence and the maximum penalty is 10 years in prison. This is the only offence for which discharge is possible.
- For the offence of dangerous driving causing bodily harm, the minimum penalty is a fine of $1,000 and the maximum penalty is 14 years in prison.
- For the offence of dangerous driving causing death, the minimum penalty is a $1,000 fine and the maximum penalty is life imprisonment.
There will be a suspension of the driver’s licence by the SAAQ for a period of one year, and the judge may suspend the licence for a longer period if he deems it necessary. In addition, it should be noted that recidivism will increase these sentences.
How do you defend yourself?
To defend himself, the accused may, among other things:
- Refuting certain facts, for example, arguing that there is a misidentification of the driver;
- Invoking the defence of necessity, i.e., an emergency situation that justified his dangerous manoeuvres;
- Invoke the threshold of criminality, i.e., no significant deviation from the standard of due diligence.
Since the offence of dangerous driving is a serious offence, it is important to be represented by a competent criminal lawyer to defend yourself adequately.
If you are charged with a criminal dangerous driving offence, call us right away.