As a result, a consideration of the personal factors, so essential in determining the subjective intent, is not necessary in light of the fixed standards that must be met by licensed drivers. Automatic and reflexive nature of driving – the nature of driving itself is often so routine and automatic that it is almost impossible to determine a particular state of mind of a driver at any given moment. It would, thus, be a denial of common sense for a driver, whose conduct was objectively dangerous, to be acquitted on the ground that he was not thinking of his manner of driving at the time of the accident Statistics – the statistics which demonstrate that all too many tragic deaths and disabling injuries flow from the operation of motor vehicles indicate the need to control the conduct of drivers. There is, therefore, a compelling need for effective legislation which strives to regulate the manner of driving, and the objective test is essential for that. To mitigate the harshness of the objective test, the justices suggested its institution through, what they termed, the modified objective test – which Justice William McIntyre had suggested in R v Tutton. The test must not be applied in a vacuum, but rather, in the context of the events surrounding the incident. This enables the court to take into account the sudden and unexpected onset of disease and similar human frailties as well as the objective demonstration of dangerous driving. Thus, the trier of fact may convict if satisfied that, viewed objectively, the accused was, in the words of the section, driving in a manner that was “dangerous to the public..." In making the assessment, the trier of fact should be satisfied that the conduct amounted to a marked departure from the standard of care that a reasonable person would observe in the accused's situation. If an explanation is offered by the accused, such as a sudden and unexpected onset of illness, then in order to convict, the trier of fact must be satisfied that a reasonable person in similar circumstances ought to have been aware of the risk and of the danger involved in the conduct manifested by the accused. Justice McLachlin (Lamer concurring) agrees with the above justice's approach to a modified objective test but differs as to the process. She agrees that all relevant circumstances, including those personal to the accused should be