The accused was charged with dangerous driving contrary to section 249(1)(a) of the Criminal Code following a single motor vehicle accident on Highway 17 near Sudbury.
The Crown alleged that the accused's manner of driving—characterized by excessive speed, alcohol consumption, fatigue, and night driving—constituted a marked departure from the standard of care expected of a reasonable driver.
The defence argued that the accused had taken appropriate evasive action to avoid a collision with an oncoming vehicle, which resulted in the loss of control.
The court found that while the actus reus of dangerous driving was established, the Crown failed to prove the necessary mens rea beyond a reasonable doubt.
The accused was acquitted.
