Davin Michael Garg

The respondent was acquitted at trial of several driving offences causing death and bodily harm, with the trial judge finding reasonable doubt as to whether the respondent or his passenger was driving at the time of the fatal collision.

The Crown appealed the acquittals, arguing the trial judge made errors of law in his treatment of the evidence.

The Court of Appeal allowed the appeal and ordered a new trial, finding that the trial judge misapprehended key eyewitness testimony and failed to consider the totality of the evidence, instead applying the reasonable doubt standard in a piecemeal fashion to individual pieces of evidence.

The appellant appealed his conviction, arguing the trial judge erred in admitting the complainant's spontaneous complaint and in assessing credibility.

The Court of Appeal dismissed the appeal, finding the complaint was properly admitted as part of the narrative to provide context for assessing credibility, and that the trial judge did not misapprehend the evidence or unfairly scrutinize the defence evidence.

The sentence appeal was abandoned.