The defendant was charged with failing to remain at or immediately return to the scene of an accident contrary to section 200(1)(a) of the Highway Traffic Act.
The defendant backed her vehicle out of a driveway and struck a parked vehicle.
She did not remain at the scene.
The Crown alleged she knew or ought to have known of the collision.
The defendant testified she believed she had struck the curb, not another vehicle, due to a "bump stop" sensation, loud radio volume, and her positioning in the vehicle.
The court found the defendant's explanation plausible and credible, leaving a reasonable doubt as to whether she was aware of the accident.
The court held that her failure to remain was therefore an involuntary act, and the actus reus of the offence was not proven beyond a reasonable doubt.
The defendant was acquitted.
