James Rumleskie

The defendant was charged with careless driving contrary to section 130 of the Highway Traffic Act following a head-on collision on Highway 11 south of Temagami on January 18, 2012.

The defendant's southbound vehicle crossed into the northbound lane and collided with the victim's vehicle.

The court conducted a new trial following an appeal.

The defendant was acquitted after the court found that while the vehicle crossed into the opposing lane, the prosecution failed to prove beyond a reasonable doubt that the defendant's driving fell below the standard of a reasonably prudent person in the circumstances.

The court found that slippery road conditions and the rapid unfolding of events, combined with gaps in the evidence regarding speed, braking, and the pre-collision event, created reasonable doubt as to careless driving.

The accused was convicted of invitation to sexual touching under section 152 of the Criminal Code following a consensual romantic relationship with a 14-year-old complainant when the accused was 19 years old.

The age difference was five years and 35 days, placing the accused just outside the five-year close-in-age exception under section 150.1.

The sentencing court found that imposing the mandatory minimum 90-day custodial sentence would be grossly disproportionate to the circumstances, including the consensual and non-exploitative nature of the relationship, the complainant's lack of harm, the accused's excellent character and remorse, and the minimal difference from the statutory exception.

The court imposed a suspended sentence with 12 months probation, 25 hours community service, DNA registration, and a 10-year SOIRA order.