The accused was charged with dangerous driving causing death after turning left across the path of an oncoming motorcycle at a controlled intersection, resulting in the motorcyclist’s death.
The Crown argued that the accused’s failure to enter the designated left-turn lane, failure to signal, and unsafe left turn constituted a marked departure from the standard of care.
The defence conceded the actus reus but argued that the evidence did not establish the fault element required for criminal liability and that the incident reflected, at most, momentary negligence.
The court applied the modified objective test for penal negligence as articulated in leading Supreme Court jurisprudence.
Finding insufficient evidence regarding the motorcycle’s speed, position, braking, and the accused’s awareness of risk, the court concluded the Crown had not proven a marked departure beyond a reasonable doubt.
