The accused was charged with criminal negligence causing death and dangerous driving causing death while street racing after the other driver involved in the race lost control and died in a collision.
The court found that the accused and the deceased were engaged in a spontaneous street race at high speeds in a residential area.
The court held that the accused's participation in the race was a significant contributing cause of the deceased's death and constituted a marked departure from the standard of care, satisfying the elements of dangerous driving causing death.
However, the court found the conduct did not meet the higher standard of a marked and substantial departure required for criminal negligence.
The accused was found guilty of dangerous driving causing death and not guilty of criminal negligence causing death.
