The appellant was convicted of dangerous driving causing bodily harm after crossing the centre line and striking an oncoming vehicle while feeling suicidal.
He appealed his conviction, arguing the trial judge erred in finding the requisite mens rea and rejecting his defence of a momentary lapse of attention.
He also appealed his 90-day intermittent sentence, arguing the trial judge improperly considered his deliberate crossing of the centre line as an aggravating factor without it being proven beyond a reasonable doubt.
The Court of Appeal dismissed the conviction appeal, finding no error in the trial judge's mens rea analysis.
While the Court agreed the trial judge erred in relying on the unproven aggravating factor for sentencing, it ultimately found the original sentence was fit and dismissed the sentence appeal.
