Death by dangerous driving

As I have said, there is no dispute that D** was driving a mechanically propelled vehicle on a road, or that C** died as a result of D**'s driving.  So there is only one question which you need consider.

Are you sure that at the time of the collision D** was driving dangerously? 

D** accepts that he was driving carelessly.  He has pleaded guilty to driving without due care and attention - a lesser offence.

So what, as a matter of law is dangerous driving?   For the purposes of this case, D** is to be regarded as driving dangerously, if, and only if,

(a)   the way in which he drove fell far below what would be expected of a competent and careful driver; and

(b)    it would be obvious to a competent and careful driver that driving in that way would be dangerous.

It is a high threshold.

So, the key question for you to answer in relation to Count *, having regard to all the evidence and the directions which I give you is

Are you sure that at the time of the collision D** was driving dangerously?

If the answer is “yes”, he is guilty of Count *.  If the answer is “no”, he is not guilty of that count.

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