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Accused acquitted of dangerous driving causing death and failing to remain at scene due to reasonable doubt.
The accused was charged with dangerous driving causing death and failure to remain at the scene after his tow truck struck and killed a pedestrian in a plaza parking lot.
The Crown alleged the accused drove too fast, failed to keep a proper lookout, and then fled the scene.
The court found that while the driving was objectively dangerous, the Crown failed to prove beyond a reasonable doubt that the accused's failure to see the pedestrian amounted to a marked departure from the standard of care rather than momentary inattention.
The court also found a reasonable doubt as to whether the accused knew or was reckless about having struck a person when he left the scene.
The accused was acquitted on both counts.
