Translate aswanidatt.com
    Translate from:

    Translate to:

Dangerous Driving Causing Death

Dangerous driving causing death, a serious criminal offence punishable by up to 14 years in prison, consists of two components:  prohibited conduct — operating a motor vehicle in a dangerous manner resulting in death — and a required degree of fault — a marked departure from the standard of care that a reasonable person would observe in all the circumstances.

However, because driving is an inherently dangerous activity, the trier of fact must not infer simply from the fact that the driving was, objectively viewed, dangerous, that the accused’s level of care was a marked departure from that expected of a reasonable person in the same circumstances.  The fault component ensures that criminal punishment is only imposed on those deserving the stigma of a criminal conviction.  Determining whether the fault component is present may in turn be done by asking two questions.

First, in light of all of the relevant evidence, would a reasonable person have foreseen the risk and taken steps to avoid it if possible?

Second, was the accused’s failure to foresee the risk and take steps to avoid it, if possible, a marked departure from the standard of care expected of a reasonable person in the accused’s circumstances?  The distinction between a mere departure, which may support civil liability, and the marked departure required for criminal fault, is a matter of degree, but the trier of fact must identify how and in what way the driver went markedly beyond mere carelessness.  This will generally be done by drawing inferences from all of the circumstances.

Furthermore, in answering these questions, personal attributes will only be relevant if they go to capacity to appreciate or to avoid the risk.  Of course, proof of deliberately dangerous driving would support a conviction for dangerous driving, but it is not required.

Source: R. v. Roy, 2012 SCC 26

Contact
Contact Us
905-755-0104

Toll Free: 1844DATTLAW (1-844-328-8529

295 Matheson Blvd. East
Mississauga, Ontario
L4Z 1X8
map it
IRIS Consulting
IRIS Consulting
16:43 04 May 19
I strongly recommend Aswani to people who need legal consulting. He is extremely competent and familiar with the system. He has handled some complex matters efficiently that I’d give him 5 stars. Keep up the amazing work Aswani. BR/Anandread more
Ryan Wolf
Ryan Wolf
23:24 21 Apr 19
Aswani k. Datt was randomly selected to represent me in a legal matter. He was professional, efficient, kind, caring, accommodating and very patient. He promised a quick and speedy resolve on my matter. He delivered as promise. He is highly recommended, and i want to thank him for everything that he has done for me. He is a brilliant and wonderful lawyer!read more
Sharanbir Khudal
Sharanbir Khudal
23:01 18 Apr 19
An Absolutely intelligent officer of the law, and an even better human being. He makes you feel comfortable and confident in your situation and will find ways to get you to your hopeful results in manners which you will not expect. I recommend him to everyone and anyone who needs legal help, not once, but as many times as necessary. If you’ve run across him for your legal needs, don’t look further.read more
Zulfiqar Shah
Zulfiqar Shah
14:10 10 Apr 19
I am trying to find words to describe our experience with Mr. Aswani, I find myself pondering how to describe him. I find myself lost for words and a short precise description would be Brilliant and Professional Lawyer, Friendly person to deal with and whenever we met him there was always a warm friendly smile telling you to not to worry. Ones walks out with confidence that he has your back. These words are the minimum to describe him, at least from my experience. If for any reason anyone out there needs a Lawyer, I would extremely highly recommend Aswani K Dutt.read more
Ankur Gandhi
Ankur Gandhi
20:40 05 Mar 19
Best lawyer in town. Needed someone to represent me with my divorce case involving a child. He went above and beyond. Trust me you won't go wrong if he's your lawyer. And when he gives you an advise please take it because he's only thinking in best interest of his client.read more
See All Reviews