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).
