Criminal Law – Offences against the person and reputation – Impaired driving causing bodily harm
While two complainants and their friend were crossing street after leaving bar, they were struck by accused’s vehicle and sustained serious injuries. At time of accident, accused had blood alcohol level of between 150 and 185 milligrams of alcohol in 100 millilitres of blood. Accused was charged with two counts of operating motor vehicle while impaired causing bodily harm. Accused convicted. At time of accident, accused’s ability to operate motor vehicle was impaired. Injuries suffered by complainants amounted to bodily harm. Accident was avoidable and arose as result of impaired operation of motor vehicle by accused. Complainants were walking or were stationary near median of four-lane road in light traffic and reasonably well-lit conditions, and they were not so impaired as to have been unable to keep watch for approaching vehicles. Accused was operating motor vehicle at excessive rate of speed, which reduced time and space he had to react to complainants’ presence and avoid collision. Accused’s state of impairment contributed in material way to his decision to operate vehicle at excessive speed and his failure to notice highly visible pedestrians in timely way and to his failure to have taken steps to avoid collision.
R. v. Gomes (2019), 2019 CarswellOnt 13230, 2019 ONSC 4808, S.F. Dunphy J. (Ont. S.C.J.).
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