The accused was charged with dangerous driving causing bodily harm and assault with a weapon after striking a pedestrian with a vehicle following a dispute involving the complainant’s son.
Evidence established that earlier the accused had engaged in aggressive driving while pursuing the son on a motorcycle.
The court rejected the accused’s version that the complainant had approached wearing brass knuckles and attempted to jump onto the vehicle.
The trial judge found the accused’s driving on a narrow residential street constituted a marked departure from the standard of care expected of a reasonable driver and caused serious bodily harm.
However, the court held there was reasonable doubt that the accused intentionally struck the complainant and therefore acquitted on the assault with a weapon charge.
