CRIMINAL LAW — Road Traffic Offences — Causing Death by Dangerous Driving — Ingredients to be Proved by Prosecution
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Joseph v. State (2011) NLC-123-48-2010(SC) at pp. 6; Paras D–E:
"For the prosecution to succeed in proving that an accused person caused the death of the deceased by dangerous driving and that he drove dangerously on a Federal Highway, (counts 1 and 2) the prosecution must prove the following beyond reasonable doubt. (a) that the accused person's manner of driving was reckless or dangerous. (b) that the dangerous driving was the substantial cause of the death of the deceased, and (c) that the accident occurred on a Federal Highway."
Explanation / Scope
This principle establishes the three ingredients of causing death by dangerous driving: reckless or dangerous driving, the dangerous driving as the substantial cause of death, and the accident occurring on a Federal Highway. The principle applies in road traffic offences. It ensures that all elements are proved. The principle reflects the burden on the prosecution. It prevents conviction without proof of all ingredients. The court must require proof of each element. The principle provides guidance on proving causing death by dangerous driving.