Dangerous driving causing injury (Section 36(1)(b) Land Transport Act 1998)

Charge 1: Dangerous driving causing injury under section 36(1)(b) of the Land Transport Act 1998

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. This is called the standard of proof. It means you must be sure that each element is proved.

1.	Are you sure that Mr Smith was driving the Toyota Corolla with the registration plate BME133 on Beach Road at about 12.30am on 30 January 2019?
	[Note: In most cases, it will be undisputed that the defendant was driving a motor vehicle. Where there is an issue as to whether what the defendant was driving constitutes a “motor vehicle”, this is likely to be an issue which the trial judge should hear argument on and determine. In doing so, the trial judge should have recourse to the definition in s 2.] If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith’s driving fell below the standard of care and skill of a competent and reasonable driver?
	The standard of care and skill of a competent and reasonable driver should take into account the speed and manner of the driving and the road and traffic conditions at the time. If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith’s driving created a situation which was dangerous to other actual or potential road users?
	The issue is whether you as a jury think Mr Smith’s driving created a dangerous situation. If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that the dangerous situation was not caused by [the intervening event]?
	[Note: This question will only need to be put to the jury where the defendant has pointed to some evidence to raise the issue. If there is such evidence, the Crown is required to prove beyond reasonable doubt that the intervening event was not the cause of the dangerous situation.] If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you you sure that Ms Jones was injured?
	To “injure” means to cause actual bodily harm. That is discomfort that is more than minor or momentary. The harm need not be permanent or long-lasting. It may be internal or external. If no, find Mr Smith not guilty. If yes, go to question six.
6.	Are you sure that Mr Smith’s driving caused Ms Jones’ injury?
	To “cause” means to bring about in a significant way. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.