The appellant, a young person, was convicted of criminal negligence causing death after driving a van with a friend on the hood, resulting in the friend falling off and suffering fatal injuries.
On appeal, the appellant argued the trial judge erred in finding his conduct constituted criminal negligence.
The Court of Appeal allowed the appeal and ordered a new trial, holding that the trial judge committed a palpable and overriding error by failing to make a specific finding that the driving was a marked departure from the norm, and by failing to consider all surrounding circumstances, including the victim's instigation and the appellant's youthfulness, in assessing wanton or reckless disregard.
