Culpable Driving

Any person who by the culpable driving of a motor vehicle causes the death of another person shall be guilty of an indictable offence.
Penalty: Level 3 imprisonment (20 years maximum) or a level 3 fine or both.

A person drives a motor vehicle culpably if he drives the motor vehicle
- recklessly, that is to say, if he consciously and unjustifiably disregards a substantial risk that the death of another person or the infliction of grievous bodily harm upon another person may result from his driving; or
- negligently, that is to say, if he fails unjustifiably and to a gross degree to observe the standard of care which a reasonable man would have observed in all the circumstances of the case; or
- whilst under the influence of alcohol to such an extent as to be incapable of having proper control of the motor vehicle; or
- whilst under the influence of a drug to such an extent as to be incapable of having proper control of the motor vehicle.

Negligence may be established by proving that
- a person drove a motor vehicle when fatigued to such an extent that he or she knew, or ought to have known, that there was an appreciable risk of him or her falling asleep while driving or of losing control of the vehicle; and
- by so driving the motor vehicle the person failed unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all the circumstances of the case.