CRIM 230 Chapter Notes - Chapter 5: Criminal Negligence, Actus Reus, Dangerous Driving
8 Aug 2015
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In canada, not entirely objective; apply a modified objective test accused"s subjectively knowledge is a relevant consideration. Blind person: the court must take account of the nature of the particular activity in which the accused was engaged and the specific knowledge that he/she had of relevant circumstances. Would a reasonable person, having the exactly same knowledge of the relevant circumstances as the accused, realize that their conduct was creating a risk of bringing about consequences that are prohibited by criminal law? the modified objective test. Tho in situation that he have had previous known he gets temporary loss of attention then he should know not to drive = liable: roy (2012) Ssc emphasize that courts should not conclude that a driver"s conduct constituted a marked departure from the reasonable standard of are merely b/c that conduct was objectively dangerous and/or b/c there were tragic consequences.
