Criminal trial for dangerous operation of a motor vehicle causing death under s. 320.13(3) of the Criminal Code.
The accused was driving at speeds between 149 km/hr and 192 km/hr in a 60 km/hr zone on a major arterial roadway in Toronto when he failed to negotiate a bend, crossed into oncoming traffic, and struck and killed the victim.
The court rejected defence challenges to the credibility of Crown witnesses including the collision reconstructionist and vehicle examiner, found the accused's driving constituted a marked departure from the standard of care, and was satisfied beyond a reasonable doubt on all essential elements of the offence.
Finding of guilt entered.
