Saturday April 19, 2014

QUESTION OF THE WEEK

Survey results are meant for general information only, and are not based on recognised statistical methods.




Supreme Court acquits British Columbia man in fatal car crash case

OTTAWA - The Supreme Court of Canada has overturned the conviction of a British Columbia man in a case of dangerous driving causing death.

The court ordered an acquittal for Randy Leigh Roy, who was convicted in 2006 over a crash in which his passenger, Mark Harrington, was killed.

The 2004 crash occurred north of Kamloops, B.C., in fog and poor visibility when Roy turned off a back road into the path of an oncoming tractor-trailer.

Roy was convicted at trial by a judge alone. He was given a 12-month conditional sentence for dangerous driving and a 14-day intermittent sentence for driving while prohibited. The second charge was not part of the Supreme Court appeal.

The British Columbia Court of Appeal upheld the verdict.

But in its 7-0 ruling, the Supreme Court said the trial judge erred in looking at what constitutes dangerous driving.

Justice Thomas Cromwell said the crash resulted more from a momentary lapse than from dangerous driving.

Roy was left with no memory of the accident or the events immediately beforehand and could offer no explanation at trial.

Writing for his fellow justices, Cromwell said there was no evidence to suggest that Roy's driving leading up to the turn onto the highway was anything other than normal and prudent.

"In my view, the appellant's decision to pull onto the highway is consistent with simple misjudgment of speed and distance in difficult conditions and poor visibility," he wrote.

"The record here discloses a single and momentary error in judgment with tragic consequences. It does not support a reasonable inference that the appellant displayed a marked departure from the standard of care expected of a reasonable person in the same circumstances so as to justify conviction for the serious criminal offence of dangerous driving causing death."


Comments


NOTE: To post a comment in the new commenting system you must have an account with at least one of the following services: Disqus, Facebook, Twitter, Yahoo, OpenID. You may then login using your account credentials for that service. If you do not already have an account you may register a new profile with Disqus by first clicking the "Post as" button and then the link: "Don't have one? Register a new profile".

The Estevan Lifestyles welcomes your opinions and comments. We do not allow personal attacks, offensive language or unsubstantiated allegations. We reserve the right to edit comments for length, style, legality and taste and reproduce them in print, electronic or otherwise. For further information, please contact the editor or publisher, or see our Terms and Conditions.

blog comments powered by Disqus


About Us | Advertise | Contact Us | Sitemap / RSS   Glacier Community Media: www.glaciermedia.ca    © Copyright 2014 Glacier Community Media | User Agreement & Privacy Policy

LOG IN



Lost your password?