The Crown appealed the acquittal of the respondent on charges of criminal negligence causing bodily harm, dangerous driving causing bodily harm, impaired driving causing bodily harm, and causing bodily harm while being over 80.
The respondent had collided with an oncoming vehicle on Lakeshore Boulevard in Toronto, causing serious injuries to three occupants.
The Crown's case was hampered by the unavailability of blood alcohol evidence due to continuity concerns and a malfunctioning breathalyzer.
The only evidence of alcohol consumption was the respondent's own statement to paramedics that she had consumed two glasses of wine.
The trial judge acquitted on all counts.
The Crown appealed, arguing the trial judge failed to consider all evidence regarding impairment and whether the driving constituted a marked departure.
The appellate court dismissed the appeal, finding the trial judge's reasons demonstrated thorough consideration of all evidence and that the Crown had failed to prove a marked departure beyond a reasonable doubt.
