What is the test for determining whether a motor vehicle accident is criminal negligence or dangerous driving?
Ontario, Canada
The following excerpt is from R. v. Aguiar, 2002 CanLII 12938 (ON SC):
The Ontario Court of Appeal in Regina v. R.(R.L.) (1988),8M.V.R. (2d) 116 at 122 instructs trial judges to determine first whether the accused drove his motor vehicle in a manner which constituted negligence or dangerous driving. Only then should the trial judge determine whether it was by reason of criminal negligence or dangerous driving that death ensued.
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