The accused, a taxi driver, was charged with dangerous driving causing death after his vehicle struck multiple objects and a bus, killing his passenger.
The defence argued that the accused was experiencing a seizure at the time of the collision, rendering his actions involuntary and negating the requisite mens rea.
The Crown contended that the accused was conscious and driving recklessly, or alternatively, that his decision to drive despite a history of possible seizures constituted a marked departure from the standard of care.
The court found a reasonable doubt as to whether the accused was experiencing a seizure during the erratic driving.
Furthermore, the court held that the accused's decision to drive was not a marked departure from the standard of care, as he had previously been advised by a neurologist that he could continue driving.
The accused was acquitted.
