Defence appeal from dangerous driving conviction. Issue as to whether the actus reus of dangerous driving requires that the lives or safety of people actually be endangered.
Held: Appeal dismissed.
“As for the Appellant’s specific argument that the actus reus that constitutes dangerous driving cannot be found where a road is little traveled and no one else is actually endangered, this argument was completely answered by our Court of Appeal in R. v. Edlund [1990] AJ No 162. In that case, the Court dealt with this very point, reversing a trial judge who acquitted a speeding driver who had been drinking and was being chased by a police vehicle, because there was very little traffic.”
N. Whitling, Defence Counsel