Digest: R v Abramoff, [2018] 5 WWR 521
Date | March 27, 2018 |
Reported as: 24 MVR (7th) 67 , [2018] 5 WWR 521 , 2018 SKCA 21 , 359 CCC (3d) 386
Docket Number: CA17131 , CACR 2924
Court: Court of Appeal
Date: 2018-03-27
Judges:
- Ottenbreit
- Herauf
- Whitmore
Subjects:
- Criminal Law � Motor Vehicle Offences � Dangerous Driving
Digest: The appellant was acquitted on charges of dangerous driving. There was conflicting evidence as to whether he had more than once forced other drivers off the road by passing multiple vehicles at once while pulling a fifth wheel trailer. The trial judge had reasonable doubt as to whether he had done so and held that there was no pattern of dangerous driving. The Crown appealed the acquittal to the Court of Queen�s Bench. The appeal judge reviewed the trial judge�s analysis of mens reas and of subjective intent. He found there had been an error of law, set aside the acquittal, and ordered a new trial. The appellant appealed that decision.
HELD: The appeal was dismissed. The appeal judge correctly determined that the trial judge had erred. The trial judge applied the criminal standard of proof to an individual piece of evidence, namely whether one or two passing incidents occurred. She should have assessed the whole body of evidence in determining whether mens rea had been established. She applied the criminal standard of proof to what she considered a threshold issue before proceeding in her analysis. The trial judge observed that the evidence did not establish a pattern of dangerous driving behaviour immediately after concluding that she had reasonable doubt that the appellant�s driving was a marked departure from the standard of a reasonable person, making it clear that the absence of a pattern of dangerous driving was critical to her conclusion. The Crown was not required to prove beyond a reasonable doubt that there was a pattern of dangerous driving behaviour. These were errors of law requiring a new trial.
Federal Statutes Considered:
- Criminal Code, RSC 1985, c C-46, s 249(1)(a)
- Criminal Code, RSC 1985, c C-46, s 686(1)
- Criminal Code, RSC 1985, c C-46, s 686(1)(a)
- Criminal Code, RSC 1985, c C-46, s 686(1)(a)(i)
- Criminal Code, RSC 1985, c C-46, s 812(1)(d)
- Criminal Code, RSC 1985, c C-46, s 813
- Criminal Code, RSC 1985, c C-46, s 813(b)(i)
- Criminal Code, RSC 1985, c C-46, s 822
- Criminal Code, RSC 1985, c C-46, s 839
Cases Considered:
- R v Abramoff, 2017 SKQB 38, 8 MVR (7th) 22
- R v Alves, 2014 SKCA 82, [2014] 12 WWR 63, 442 Sask R...
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