Close X
Friday, November 22, 2024
ADVT 
National

Supreme Court Rules Against Speeder In Dangerous-Driving Case

Darpan News Desk The Canadian Press, 27 Mar, 2020 08:09 PM

    OTTAWA - A reasonable person should foresee the risk of driving almost three times the speed limit towards a major city intersection, the Supreme Court of Canada says in upholding a man's conviction.

     

    The 4-1 decision came Friday in the case of Ken Chung, whose silver Audi hit another car in Vancouver in November 2015, killing the driver.

     

    Chung, who was driving at 140-kilometres-an-hour in a 50-kilometre-an-hour zone, was acquitted at trial of dangerous driving causing death.

     

    Over the span of a block, Chung had moved in to the curbside lane, passed at least one car and accelerated quickly before entering the intersection. The trial judge found Chung was neither inattentive nor driving dangerously prior to this one-block span.

     

    The judge ruled Chung's speeding was only momentary and therefore amounted to a lapse of judgment rather than a significant departure from the standard of a reasonably prudent driver.

     

    British Columbia's appeal court overturned the decision and entered a conviction, prompting Chung to take his case to the Supreme Court.

     

    In its decision Friday, the high court said the trial judge's fixation on the momentary nature of the speeding was an error of law.

     

    In writing for the majority, Justice Sheilah Martin said Chung's actions were not comparable to momentary mistakes that might be made by any reasonable driver, such as a mistimed turn on to a highway or the sudden loss of awareness or control.

     

    "A reasonable person would have foreseen the immediate risk of reaching a speed of almost three times the speed limit while accelerating towards a major city intersection," she wrote. "Mr. Chung’s conduct in these circumstances is a marked departure from the norm."

     

    Driving is an inherently risky activity that is made all the more risky "the faster we drive, the harder we accelerate, and the more aggressively we navigate traffic," she said. "Although even careful driving can result in tragic consequences, some conduct is so dangerous that it deserves criminal sanctions."

     

    However, Martin cautioned against adopting "hard and fast rules" on actions.

     

    It is conceivable that in some cases even grossly excessive speed may not be a notable departure from the standard of care, she wrote.

     

    "Only when there has been an active engagement with the full picture of what occurred can the trial judge determine whether the accused's conduct was a marked departure from the conduct of a reasonable and prudent driver."

     

    MORE National ARTICLES

    The Latest Numbers On Covid-19 In Canada

    The latest numbers of confirmed and presumptive COVID-19 cases in Canada as of 12:30 p.m. on March 26, 2020:    

    The Latest Numbers On Covid-19 In Canada

    Astronauts On Coping With Covid-19: Plenty Of Routine, Keep Sight Of Big Picture

    MONTREAL - In David Saint-Jacques' line of work, physical distancing comes with the job.    

    Astronauts On Coping With Covid-19: Plenty Of Routine, Keep Sight Of Big Picture

    Feds Seeking Lower Credit-card Interest Rates Over COVID-19

    Feds Seeking Lower Credit-card Interest Rates Over COVID-19
    OTTAWA - The federal government is asking banks and credit-card companies to lower interest rates on Canadians struggling financially because of the COVID-19 pandemic.    

    Feds Seeking Lower Credit-card Interest Rates Over COVID-19

    Top Court To Hear Fight Over Premier Doug Ford's Deep Cuts To Toronto Council

    Top Court To Hear Fight Over Premier Doug Ford's Deep Cuts To Toronto Council
    TORONTO - Canada's highest court agreed on Thursday to hear Toronto's challenge to a unilateral decision by Ontario Premier Doug Ford that slashed the size of city council midway through the last municipal election.    

    Top Court To Hear Fight Over Premier Doug Ford's Deep Cuts To Toronto Council

    What You Need To Know About The Quarantine Act As Isolation Becomes Mandatory For Returning Travellers

    Canada is making unprecedented use of the federal Quarantine Act in a bid to curb the spread of the COVID-19 pandemic. The order, which went into effect early Wednesday

    What You Need To Know About The Quarantine Act As Isolation Becomes Mandatory For Returning Travellers

    Feds Plan $30M Ad Buy To Help Media Deal With Covid-19 Fallout

    OTTAWA - The federal government announced Wednesday that it is planning a $30-million COVID-19 awareness advertising campaign and moving closer to implementing long-promised tax credits for newspapers as it seeks to support Canada's struggling media industry during the pandemic.

    Feds Plan $30M Ad Buy To Help Media Deal With Covid-19 Fallout