Reckless driving causing death (Section 36AA(1)(a) Land Transport Act 1998)

Charge 1: Reckless driving causing death under section 36AA(1)(a) 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 that 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 the public or to a person?
	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 Mr Smith appreciated the danger arising from his driving?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that, despite appreciating the danger arising from his driving, Mr Smith carried on driving in that manner?
	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’ death?
	To ‘cause’ means to bring about. It is not necessary that the driving was the only, or even principal cause. It is sufficient if you consider that their driving was a cause. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.