The respondent was acquitted at trial of several driving offences causing death and bodily harm, with the trial judge finding reasonable doubt as to whether the respondent or his passenger was driving at the time of the fatal collision.
The Crown appealed the acquittals, arguing the trial judge made errors of law in his treatment of the evidence.
The Court of Appeal allowed the appeal and ordered a new trial, finding that the trial judge misapprehended key eyewitness testimony and failed to consider the totality of the evidence, instead applying the reasonable doubt standard in a piecemeal fashion to individual pieces of evidence.
