R. v. Reed, [1998] 1 S.C.R. 753

Ryan Robert Reed Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Reed

File No.: 25820.

1998: April 29.

Present: Lamer C.J. and Cory, Iacobucci, Major and Binnie JJ.

on appeal from the court of appeal for british columbia

Criminal law ‑‑ Motor vehicles -- Dangerous driving causing death.

APPEAL from a judgment of the British Columbia Court of Appeal (1997), 1997 CanLII 3419 (BC CA), 86 B.C.A.C. 111, 142 W.A.C. 111, 26 M.V.R. (3d) 11, [1997] B.C.J. No. 211 (QL), allowing the Crown’s appeal and setting aside the accused’s acquittals on three counts of dangerous driving causing death, [1996] B.C.J. No. 241 (QL), [1996] B.C.W.L.D. 757, 30 W.C.B. (2d) 66. Appeal dismissed.

Brian E. Mickelson and Kenneth S. Purchase, for the appellant.

Alexander Budlovsky, for the respondent.

//Cory J.//

The judgment of the Court was delivered orally by

[1] Cory J. ‑‑ We are in agreement with the decision of the Court of Appeal. Their reasons are summarized in these words of Justice Cumming:

It cannot be said that the respondent’s driving of the type of motor vehicle he had, at night, at a speed more than 20 kilometers in excess of the speed limit, on a curve and totally on the wrong side of the road, is other than a “marked departure from the norm.”

((1997), 26 M.V.R. 11, at p. 14.)

[2] This appeal as of right is dismissed and the order of the Court of Appeal to remit the matter to the trial judge for sentencing is confirmed.

Judgment accordingly.

Solicitor for the appellant: Brian E. Mickelson Law Corporation, Vancouver.

Solicitor for the respondent: The Ministry of the Attorney General, Vancouver.