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A defendant with bipolar disorder was convicted of traffic offences but avoided enhanced penalties due to reasonable doubt about her willful intent to evade police.
The defendant was charged with four Highway Traffic Act offences arising from an incident on March 21, 2011: speeding 105 km/h in a posted 60 km/h zone, failing to stop for a police officer and willfully continuing to avoid police during pursuit, failing to signal a lane change, and failing to surrender a vehicle permit.
The defendant raised a mental disorder defence based on a diagnosis of bipolar disorder.
The court found the defendant guilty of speeding, failing to stop for a police officer, and failing to surrender a permit.
The court acquitted the defendant of failing to signal a lane change due to insufficient evidence of the actus reus.
While the mental disorder defence was not established on a balance of probabilities, the court found reasonable doubt regarding whether the defendant willfully continued to avoid police, thereby excluding the enhanced penalty provisions under section 216(3).
