Regulatory Motor Vehicle Offences: Difference between revisions

From Criminal Law Notebook
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'''Onus and Standard of Proof'''<Br>
; Onus and Standard of Proof
The standard of proof is "proof beyond a reasonable doubt".<ref>
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>

Revision as of 21:04, 1 February 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:

  1. the accused drove in a manner prohibited by the section
    1. the accused drove without "due care and attention"
  1. ON: s. 130 (careless driving) Highway Traffic Act
  2. R v Beauchamp, [1953] OR 422-434 (ONCA), 1952 CanLII 60 (ON CA), per MacKay JA

See Also