Supreme Court of Canada

Fotti v. The Queen, [1980] 1 S.C.R. 589

Date: 1980-02-07

Robert Nick Fotti Appellant;

and

Her Majesty The Queen Respondent.

1979: October 23; 1980: February 7.

Present: Martland, Ritchie, Pigeon, Beetz and Chouinard JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA

Criminal law—Charge of dangerous driving—Acquittal at trial set aside by Court of Appeal and conviction entered—Accused’s conduct not inadvertent negligence—Conduct constituted dangerous driving—Criminal Code, R.S.C. 1970, c. C-34, s. 233(4).

APPEAL from a judgment of the Court of Appeal for Manitoba[^1], allowing the Crown’s appeal from the acquittal of the accused on a charge of dangerous driving contrary to s. 233(4) of the Criminal Code. Appeal dismissed.

R.H.G. Flett, for the appellant.

J.G.B. Dangerfield, for the respondent.

The judgment of the Court was delivered by

BEETZ J.—After a trial without a jury, appellant was acquitted by the County Court on a charge of dangerous driving under s. 233(4) of the Criminal Code. His acquittal was set aside by the Manitoba Court of Appeal and a conviction entered, O’Sullivan J.A. dissenting.

The judgment of the Court of Appeal is conveniently reported: Regina v. Fotti

I find myself in agreement with the reasons of Matas J.A., concurred in by Freedman C.J.M. and Guy J.A., to which I have nothing useful to add.

The appeal must be dismissed.

Appeal dismissed.

[Page 590]

Solicitors for the appellant: Ai kins, MacAulay & Thorvaldson, Winnipeg.

Solicitor for the respondent: Attorney-General of Manitoba, Winnipeg.

[^1]: 1978 2459 (MB CA), [1979] 1 W.W.R. 652, 45 C.C.C (2d) 353.