What is negligent driving occasioning death? Is it a 'criminal offence'? What do police have to prove? What are examples of negligent driving occasioning death?
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Transcript:
You may be charged with negligent driving occasioning death if it is considered that you are at fault in an accident, in which someone was killed. It's a charge that is taken seriously by the courts, and it's what's called a strict liability offence, which means the prosecution does not have to prove that you intended to commit the offence, for you to be found guilty. However, they do have to prove beyond reasonable doubt that you, one, drove a vehicle on a road or a road related area, two, that you drove negligently, and this means that you drove in a manner that was less than what would be expected of an ordinary prudent driver in the same circumstances, and three, as a result of your negligent driving another person was killed. Examples of negligent driving include, driving at an excessive speed for the road conditions, driving too close to the car in front of you, failing to slow down or to stop where there is a hazard, not indicating when changing directions, failing to take care at intersections, and or to reduce speed at intersections, failing to keep a proper lookout for cars around you. Factors that the court can consider when deciding whether or not you drove negligently include the nature, condition, and use of that particular stretch of the road, the amount of traffic that is usually on the road or reasonably to be expected to be on the road at that particular time, any obstructions or hazards on the road, for example broken down traffic, crashed cars, debris, accidents, emergency scenes, the nature of the incident itself, and what would be expected of a reasonable driver in those circumstances when compared to your specific actions.
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