The respondent, Orrell Higgins, was charged with dangerous driving causing bodily harm, criminal negligence causing bodily harm, and impaired operation of a motor vehicle causing bodily harm following a collision where his vehicle accelerated into a transport truck without braking, seriously injuring his passenger.
The court examined the objective standard for dangerous driving (marked departure) and the more stringent standard for criminal negligence (marked and substantial departure, wanton disregard).
While acknowledging the objectively dangerous driving and inattention, the court found that the Crown did not prove beyond a reasonable doubt that the conduct constituted a "marked departure" or "wanton disregard" required for criminal liability.
Regarding impaired driving, despite a projected blood alcohol concentration (BAC) range of 63-94 mg/100ml, the court had reasonable doubt about actual impairment due to individual variability in alcohol effects.
Consequently, the respondent was found not guilty of all charges.
