Dangerous Driving

The Criminal Code offence of Dangerous Driving is made out when:

The accused drives a motor vehicle in a manner that is dangerous to the public;
Having regard to all the circumstances;
Including the nature, condition and;
Use of the place where the driving occurs and the amount of traffic there at the time or that might reasonably be expected.

A Dangerous Driving conviction will result in a criminal record and an automatic one-year licence suspension. Dangerous driving offences resulting in bodily harm can result in imprisonment for up to ten years. An accused convicted of Dangerous Driving cause death is liable for imprisonment of up to fourteen years.

Drivers with previous convictions for Dangerous Driving or impaired driving offences may face jail terms and increased licence suspensions, which include up to a lifetime drivers licence suspension.

For driving to be considered dangerous the crown and/or the police need to prove that the accused drove in a manner departed from the standard of care of a reasonable person, thereby committing the offence of Dangerous Driving. They may take into consideration, the intentions or acts of the accused, and the threat or possible threats to the public or community.

By contrast, careless driving under the Highway Traffic Act is made out where the defendant's driving departs sufficiently from the standard of a prudent and reasonable driver to make the driving deserving of punishment. e.g. an act of carelessness.

The main difference between Dangerous Driving and Careless Driving is that under the criminal code, the act of driving dangerously usually will have the intention, or guilty mind to commit the act.

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