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Difference between revisions of "Federal Driving Offences (13:X)"
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Federal Driving Offences (13:X) (view source)
Revision as of 08:03, 10 August 2021
, 08:03, 10 August 2021→A. Dangerous Operation
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Dangerous operation (s 320.13) is included in the offences created under ''Criminal Code'' ss 220 (causing death by criminal negligence), 221 (causing bodily harm by criminal negligence), and 236 (manslaughter). If there is not enough evidence to prove one of the three offences above, it is still possible to convict of dangerous operation s 320.13 (1) (''Criminal Code'' s 662(5)). | Dangerous operation (s 320.13) is included in the offences created under ''Criminal Code'' ss 220 (causing death by criminal negligence), 221 (causing bodily harm by criminal negligence), and 236 (manslaughter). If there is not enough evidence to prove one of the three offences above, it is still possible to convict of dangerous operation s 320.13 (1) (''Criminal Code'' s 662(5)). | ||
In [https://www.canlii.org/en/ca/scc/doc/2020/2020scc8/2020scc8.html R v Chung, 2020 SCC 8], the Supreme Court upheld a conviction of dangerous driving causing death. The court decided that even momentary excessive speeding can be sufficient to meet the required mens rea (state of mind) for dangerous driving. The test to be applied is whether a reasonable person would have foreseen the danger of the momentary conduct. Chung demonstrates that in certain contexts, momentary acts can still result in a criminal conviction. | In [https://www.canlii.org/en/ca/scc/doc/2020/2020scc8/2020scc8.html ''R v Chung'', 2020 SCC 8], the Supreme Court upheld a conviction of dangerous driving causing death. The court decided that even momentary excessive speeding can be sufficient to meet the required mens rea (state of mind) for dangerous driving. The test to be applied is whether a reasonable person would have foreseen the danger of the momentary conduct. Chung demonstrates that in certain contexts, momentary acts can still result in a criminal conviction. | ||
== B. Operation While Prohibited == | == B. Operation While Prohibited == | ||
