The accused was charged with dangerous driving causing death after striking and killing a pedestrian who was crossing the street following a hockey game.
The court found that while the accused's speed constituted the actus reus of dangerous driving given the heavy pedestrian traffic, the Crown failed to prove the requisite mens rea.
The court concluded that poor lighting, dark clothing, and the distraction of a stopped vehicle's headlights meant the accused's failure to see the pedestrians was a momentary lapse or error in judgment, not a marked departure from the standard of a reasonably prudent driver.
The charge was dismissed.
