CRIM 230 Chapter Notes -Fundamental Justice, Halfway House, Absolute Liability
25 Jul 2013
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Irrelevant what is in accused"s head, but focus on what should"ve been there had the accused proceeded reasonably. Accidently breaking friend"s glass no b/c happens to everyone ; driving recklessly - yes. Doesn"t consider peculiar personal characteristics of the accused except in the rare situation in which the accused lacks the capacity to understand/appreciate nature of risk the activity in question. Dangerous driving (s249) = operating a motor vehicle in a manner that is dangerous to the public. Summary or indictable (max 5 years) + resulting in bodily harm (10 years), death (14 years) Conviction can take place only where the accused"s driving conduct constitutes a marked departure from the standard of care expected of the reasonable driver in the particular the circumstance facing the accused. Conviction occur when accused"s conduct fell below the standard of care of a reasonable driver (any deviation no matter how minor can lead to conviction) Criminal negligence causing death (220) / causing bodily harm(221)
