S. R. Chamberlain

The appellant appealed his convictions for sexual assault and related offences involving multiple counts and complainants.

The Supreme Court of Canada allowed the appeal and ordered a new trial, agreeing with the dissenting judge in the Court of Appeal.

The Court held that the trial judge's charge to the jury was inadequate because it failed to properly instruct the jury that evidence on one count could not be used on other counts, and failed to warn about the dangers of the potential influence of evidence of numerous alleged criminal acts.

The appellant was driving an overloaded dump truck and entered an intersection on a red light, striking and killing a motorist.

He was convicted of dangerous driving causing death.

On appeal to the Supreme Court of Canada, the issue was whether the mens rea for dangerous driving requires a subjective or objective standard.

The Court held that the mens rea for dangerous driving should be assessed objectively, but in the context of all the events surrounding the incident (the modified objective test).

The appeal was dismissed.