The accused was charged with dangerous driving causing death following a collision on May 15, 2018, that resulted in the death of Jonas Mitchell.
At the preliminary inquiry, the court found that while the Crown could establish the actus reus (the dangerous act of entering an intersection on a red light), it could not establish the required mens rea (mental element) of a marked departure from the standard of care expected of a reasonable driver.
The court discharged the accused, finding that momentary inattention for approximately nine to ten seconds, without evidence of speeding, deliberate red-light running, or erratic maneuvers, did not constitute the criminal fault required for dangerous driving.
The court emphasized that carelessness alone is insufficient for criminal liability and that the consequences of the accident, while tragic, cannot drive the charge when the manner of driving does not meet the criminal threshold.
