Dr. Peter L. Carlen

The accused was charged with dangerous operation causing bodily harm, failure to stop after an accident, and operation while impaired causing bodily harm after driving the wrong way down a street and striking a pedestrian.

The accused argued he lacked the requisite mens rea because he was in a postictal amnestic state following an epileptic seizure.

The court found the accused's testimony lacked credibility and rejected the defence expert's definitive opinion, but concluded the totality of the evidence raised a reasonable doubt about whether the accused suffered a seizure and was in a postictal state at the time of the collision.

The court also found the evidence of alcohol impairment inconclusive.

The accused was found not guilty on all counts.