Accused failed to take any reasonable measures to avoid colliding with young man

Criminal law - Offences against the person and reputation - Impaired driving causing bodily harm

Young man was struck by vehicle driven by accused, and suffered significant bodily harm as result of collision. Accused was charged with impaired operation of motor vehicle causing bodily harm. Accused convicted. Accused admitted that he operated motor vehicle and that he intended to operate motor vehicle after he had consumed alcohol. Court had no reasonable doubt that accused's ability to operate motor vehicle at time of collision was impaired by alcohol. Accused's evidence that he was not impaired was not accepted. Fact that accused cooperated with police and walked without difficulty after collision did not mean that his ability to operate motor vehicle was not impaired. It was established beyond reasonable doubt that impairment of accused's ability to operate motor vehicle was significant contributing cause of bodily harm suffered by young man. It was clear that accused could have avoided collision. Accused failed to take any reasonable measures to avoid colliding with young man.

R. v. Bulland (2019), 2019 CarswellOnt 2549, 2019 ONSC 1157, Faieta J. (Ont. S.C.J.).

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