The Crown appealed the respondent's acquittal on a charge of dangerous operation of a motor vehicle.
The charge arose from the respondent's driving after she crashed into a condominium lobby window.
The Crown argued the trial judge erred in law by conflating the actus reus and mens rea analyses and failing to conduct a proper risk assessment.
The Superior Court of Justice found no error, holding that the trial judge properly assessed the circumstances and correctly concluded the driving was neither dangerous nor a marked departure from the standard of care.
The appeal was dismissed.