The appellant appealed a conviction for dangerous operation of a conveyance causing bodily harm arising from a collision with an electric scooter rider on a residential street.
He argued that the trial judge misapprehended the evidence concerning his emotional state, improperly relied on demeanour evidence, and erred in rejecting his position that the incident reflected only a momentary lapse of attention.
The court held that the characterization of the appellant's emotional condition was supported by the record, that any demeanour-based inference was invited by defence counsel, and that the trial judge committed no reversible error in treating the conduct as a marked departure from the reasonable standard of care.
The conviction appeal was dismissed, and the sentence appeal was dismissed as abandoned.
