This criminal appeal considered the mens rea element for dangerous operation of a motor vehicle causing death.
The trial judge had entered acquittals after concluding the required fault standard was not proven beyond a reasonable doubt.
The appellate court set aside those acquittals and ordered a new trial.
The Court held that the trial reasoning failed to assess the accused's driving conduct against the full evidentiary record to determine marked departure from the objective standard of care.
The appeal was dismissed, with two justices dissenting.
