Close X
Thursday, November 28, 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

    Mountie Lines Up Behind Prohibited Driver At West Kelowna Drive-Thru, Makes Arrest

    A West Kelowna RCMP officer was waiting in line at the drive through of a local coffee shop just before 2:30 am on March 1st, 2020 when she discovered that the vehicle she was behind had been reported stolen on February 28th in Edmonton.

    Mountie Lines Up Behind Prohibited Driver At West Kelowna Drive-Thru, Makes Arrest

    It's Up To All Wet'suwet'en People To Work Through Agreement: Bellegarde

    VANCOUVER - Assembly of First Nations National Chief Perry Bellegarde says it's up to all Wet'suwet'en people to work through the draft agreement struck on Sunday between their hereditary chiefs and senior Canadian officials.    

    It's Up To All Wet'suwet'en People To Work Through Agreement: Bellegarde

    Woman With Presumed Case Of COVID-19 In Critical Condition In B.C.

    VICTORIA - A woman in her 80s with a presumptive case of the novel coronavirus is in critical condition at a Vancouver hospital.

    Woman With Presumed Case Of COVID-19 In Critical Condition In B.C.

    Blockade On CP Rail Tracks In Kahnawake Comes Down After More Than Three Weeks

    KAHNAWAKE, Que. - A blockade in the Mohawk community of Kahnawake that has halted rail traffic south of Montreal for more than three weeks is being dismantled.

    Blockade On CP Rail Tracks In Kahnawake Comes Down After More Than Three Weeks

    Academics Say Indigenous Perspectives Still Lacking In Canadian STEM Studies

    TORONTO - In order to learn about how Canada's Indigenous astronomers see the skies, Caroline Ormrod had to look overseas.    

    Academics Say Indigenous Perspectives Still Lacking In Canadian STEM Studies

    Canada Spearheading Effort To Better Protect Airborne Passenger Flights

    Canada is spearheading what Transport Minister Marc Garneau hopes will become an international effort to protect civilian airliners around the world from being shot down over conflict zones.

    Canada Spearheading Effort To Better Protect Airborne Passenger Flights