Mabel Lai

The accused, an on-duty police officer, was tried before a jury for dangerous driving causing death after striking a pedestrian while driving an unmarked police vehicle at 115 km/h.

At the pre-charge conference, the Crown requested that the included offence of dangerous operation simpliciter be left with the jury, arguing they might find the driving dangerous but have a reasonable doubt about causation due to the pedestrian jaywalking.

The trial judge ruled there was no air of reality to the included offence, finding that even if the pedestrian's actions were an intervening act, the dangerous driving remained a significant contributing cause of death.

The appellant, a family doctor, appealed his conviction for sexually assaulting a patient during an after-hours examination.

He argued the trial judge erred in relying on the complainant's post-event demeanour, failing to properly assess her credibility regarding her suspicions of his motives, misapprehending a witness's evidence, and misapplying the W.(D.) framework for credibility.

The Summary Conviction Appeal Court dismissed the appeal, finding the trial judge properly applied the law, reasonably assessed the evidence, and made no reversible errors in concluding the Crown's evidence overwhelmed the defence's evidence.