Appeal from careless driving conviction under TSA. Accused hit a vehicle (while speeding) on a freeway that had run out of gas. Trial judge made credibility findings contrary to the accused’s account.
Held: Appeal dismissed.
Proof of offence requires that the accused drove in a manner prohibited by legislation, and that the conduct was of such a nature that it can be considered a breach of duty to the public and deserving of punishment. As a strict liability offence, there is no additional element of proof of blameworthiness. “The test is not whether the accident would not have happened if the accused had used greater skill or care. The test is whether it is proved beyond a reasonable doubt that the accused, in the light of existing circumstances, failed to use the care and attention or to give to other users of the highway the consideration that a driver of ordinary care would have used or given in the circumstances.”
T. Dunlap – Defence Counsel