SUPREME COURT OF CANADA

Date: 20151113 Docket: 36260

Between:

Andelina Kristina Hecimovic

Appellant

and

Her Majesty The Queen

Respondent

Coram: Abella, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon and Brown JJ.

Reasons for Judgment: (paras. 1 to 2)

Abella J. (Cromwell, Moldaver, Karakatsanis, Wagner, Gascon and Brown JJ. concurring)

R. v. Hecimovic, 2015 SCC 54, [2015] 3 S.C.R. 483

Andelina Kristina Hecimovic Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v . Hecimovic

2015 SCC 54

File No.: 36260.

2015: November 13.

Present: Abella, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon and Brown JJ.

on appeal from the court of appeal for british columbia

Criminal law — Dangerous operation of motor vehicle — Elements of offence — Mens rea — Trial judge ordering acquittal of accused on two counts of dangerous driving causing death on grounds that mens rea element of offence had not been proven beyond reasonable doubt — Trial judge did not properly consider accused’s conduct in light of all relevant evidence in order to determine whether it was marked departure from requisite standard of care.

APPEAL from a judgment of the British Columbia Court of Appeal (Tysoe, Garson and Willcock JJ.A.), 2014 BCCA 483 , 364 B.C.A.C. 144, 317 C.C.C. (3d) 503, 72 M.V.R. (6th) 58, 625 W.A.C. 144, [2014] B.C.J. No. 3066 (QL), 2014 CarswellBC 3723 (WL Can.), setting aside the acquittal entered by Gropper J., 2013 BCSC 1865 , 53 M.V.R. (6th) 60, [2013] B.C.J. No. 2243 (QL), 2013 CarswellBC 3081 (WL Can.), and ordering a new trial. Appeal dismissed, Moldaver and Karakatsanis JJ. dissenting.

Jeffrey Ray , Dimitri Kontou and Roger Thirkell , for the appellant.

Frederick G. Tischler , for the respondent.

The judgment of the Court was delivered orally by

[ 1 ] Abella J. — The majority is of the view that the appeal should be dismissed substantially for the reasons of Willcock J.A.

[ 2 ] Justices Moldaver and Karakatsanis would allow the appeal substantially for the reasons of Tysoe J.A.

Judgment accordingly.

Solicitors for the appellant: Kontou Law Corporation, Vancouver.

Solicitor for the respondent: Attorney General of British Columbia, Vancouver.