The accused was charged with dangerous driving, assault with a weapon, wilful damage to property, and uttering a death threat arising from a road rage incident involving a dump truck and a pickup truck on a highway.
Evidence from an independent witness established that both drivers engaged in aggressive driving, including cutting each other off, braking to obstruct the other, and throwing objects.
The court rejected the accused’s testimony and found that his operation of the dump truck constituted a marked departure from the standard of care expected of a reasonable driver under s. 249(1)(a) of the Criminal Code.
However, the Crown failed to prove beyond a reasonable doubt the elements of assault with a weapon, mischief causing damage, or uttering threats.
The accused was convicted of dangerous driving and acquitted on the remaining counts.
