07/05/1955

OF CRIMINAL APPEAL (INFERIOR)

HARDING WILLIAM

THE POLICE vs NO. 22889451 GUNNER BRIAN WILSON

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DANGEROUS DRIVING - NEGLIGENT DRIVING - TRAFFIC

It is not easy to formulate , in words the difference between dangerous driving and negligen driving. There are cases which are, ont eh face of them, glowing instances of dangerous driving; other cases are absolutely cases of negligence. It is the border-line cases that require consideration in teh light of the difference between negligent or carelss driving on teh one hand and dangerous driving on teh other, and where the difficulty arises. It is safe to say tha tteh difficulty is a question of degree, which is in the sense that dangerous driving implies something more serious than mere careless driving. Otherwise, every case of carelss drivin would be a case of dangerous driving; because, in a way, every act of negligence in driving, every infringement of teh rules of safety laid down in teh highway Code, gies rise to a potential danger. The solution of the difficulty lies in tehappraisal of teh circulstanse of the case by the Court; after which appraisal the Court will rule out, or otherwise, a cahrge of dangerous driving as distinct from careless or negligent driving.