Regulatory Motor Vehicle Offences: Difference between revisions
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==Careless Driving== | ==Careless Driving== | ||
All provinces have some form of motor vehicle offence relating to careless driving.< | All provinces have some form of motor vehicle offence relating to careless driving.<ref> | ||
ON: s. 130 (careless driving) Highway Traffic Act<Br> | ON: s. 130 (careless driving) Highway Traffic Act<Br> | ||
</ref> | </ref> | ||
'''Onus and Standard of Proof'''<Br> | '''Onus and Standard of Proof'''<Br> | ||
The standard of proof is "proof beyond a reasonable doubt".< | The standard of proof is "proof beyond a reasonable doubt".<ref> | ||
R v Beauchamp, [1953] OR 422-434 (ONCA), [http://canlii.ca/t/g1jf8 1952 CanLII 60] (ON CA){{perONCA|MacKay JA}}<Br> | R v Beauchamp, [1953] OR 422-434 (ONCA), [http://canlii.ca/t/g1jf8 1952 CanLII 60] (ON CA){{perONCA|MacKay JA}}<Br> | ||
</ref> | </ref> | ||
Revision as of 10:05, 13 January 2019
Careless Driving
All provinces have some form of motor vehicle offence relating to careless driving.[1]
Onus and Standard of Proof
The standard of proof is "proof beyond a reasonable doubt".[2]
Proving careless driving will usually require:
- the accused drove in a manner prohibited by the section
- the accused drove without "due care and attention"
- ↑
ON: s. 130 (careless driving) Highway Traffic Act
- ↑
R v Beauchamp, [1953] OR 422-434 (ONCA), 1952 CanLII 60 (ON CA), per MacKay JA