The appellant was acquitted at trial of dangerous driving causing death under s. 249(4) of the Criminal Code after the trial judge found reasonable doubt as to mens rea, despite finding the actus reus established.
The British Columbia Court of Appeal set aside the acquittal and entered a conviction, finding the trial judge committed an error of law.
The Supreme Court of Canada (4-1) dismissed the appeal, holding that the trial judge made two inter-related errors of law: he applied a wrong legal principle by treating momentariness of excessive speeding as categorically insufficient to establish mens rea, and he failed to apply the correct test from R. v. Roy by not assessing what a reasonable person would have foreseen and done in the accused's circumstances.
The dissent would have restored the acquittal, finding no identifiable legal error tainting the trial judge's reasonable doubt.