The accused was charged with failing to stop after an accident, criminal negligence causing bodily harm, and dangerous driving causing bodily harm following a series of collisions while driving with low blood sugar due to diabetes.
The accused admitted the actus reus but argued he lacked the necessary mens rea because he became disoriented due to hypoglycemia.
The court found the accused was aware that his blood sugar level had become low and nevertheless made a conscious decision to continue driving despite knowing the risks.
Expert evidence established that symptoms of disorientation would arise minutes after awareness of low blood sugar, leaving sufficient time to pull over.
The court held the accused’s conduct constituted a marked and substantial departure from the standard of care expected of a reasonably prudent driver and found him guilty of criminal negligence causing bodily harm and dangerous driving causing bodily harm, but acquitted him of failing to stop.
