Officer Brad Pearsall

The appellant, a 21-year-old first-time offender, was convicted of two counts of criminal negligence causing death and one count of criminal negligence causing bodily harm following a motor vehicle accident.

He appealed his convictions and his four-year sentence.

The Court of Appeal dismissed the conviction appeals, finding no error in the trial judge's assessment of the evidence or her conclusion that the appellant's driving constituted a marked and substantial departure from the standard of a reasonable person.

However, the Court allowed the sentence appeal, finding the trial judge overemphasized general deterrence for a youthful first offender, and reduced the sentence to two years less a day.

The accused was charged with dangerous operation of a motor vehicle causing death and bodily harm after his vehicle collided with a group of oncoming motorcyclists.

The Crown alleged the accused crossed the centre line while distracted by a text message.

The court reviewed conflicting eyewitness testimony and expert accident reconstruction evidence regarding the point of impact and whether the accused crossed the centre line.

Applying the Supreme Court of Canada's jurisprudence on dangerous driving, the court found the Crown failed to prove beyond a reasonable doubt that the accused was texting, that he crossed the centre line, or that his driving constituted a marked departure from the standard of care.

The accused was acquitted on all counts.