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The criminal offence of "dangerous driving causing death" is a serious charge, often considered a form of vehicular homicide or manslaughter. It typically involves a situation where an individual operates a motor vehicle in a manner that is dangerous to others and, as a result, causes the death of another person. The specific elements of this offence and the penalties associated with it can vary depending on the jurisdiction and its laws, but some common elements and consequences may include:
Dangerous Driving: The prosecution must prove that the defendant was driving in a manner that was significantly more dangerous than ordinary negligence. This might include behaviours like excessive speeding, reckless driving, impaired driving (e.g., due to alcohol or drugs), aggressive driving, or other actions that put others at risk.
Causation: The prosecution must establish a direct link between the defendant's dangerous driving and the death of the victim. It must be demonstrated that the dangerous driving was a substantial cause of the fatality.
Death Resulting from the Offence: The victim must have died as a direct result of the dangerous driving. This may involve expert testimony, accident reconstruction, and other evidence to establish the connection.
Penalties for dangerous driving causing death can be severe and may include imprisonment, license suspension, fines, and probation including mandatory drug or alcohol counselling. A conviction for dangerous driving causing death will result in a criminal record, which can have long-lasting consequences for an individual’s future employment and personal life.
In addition to criminal penalties, the defendant may also be subject to civil lawsuits for wrongful death where the victim's family seeks compensation for their loss.