Ontario criminal | Criminal Law
Offences
Criminal negligence causing death
Appeal of conviction for criminal negligence causing death was dismissed
Truck driven by accused drifted into oncoming traffic and collided head-on with mini-van, killing its driver. Accused was convicted of dangerous driving causing death and criminal negligence causing death. Conviction for dangerous driving causing death was stayed in accordance with R. v. Kienapple. Accused appealed conviction for criminal negligence causing death. Appeal dismissed. Accused submitted that trial judge failed to adequately explain to jury elements of criminal negligence causing death and how that offence differs from offence of dangerous driving causing death, and to adequately relate evidence to offence. Trial judge properly instructed jury on elements of criminal negligence causing death and explained difference between that offence and lesser offence of dangerous driving causing death. In response to jury question seeking clarification about difference between dangerous driving causing death and criminal negligence causing death, trial judge repeated relevant portions of his charge and added that for criminal negligence causing death, conduct must be more marked than for dangerous driving in both physical and mental elements of offence. Trial judge reviewed elements of offence of dangerous driving and summarized relevant evidence.
R. v. Bhangal (2016), 2016 CarswellOnt 17933, 2016 ONCA 857, Alexandra Hoy A.C.J.O., Doherty J.A., and K. van Rensburg J.A. (Ont. C.A.).
Criminal negligence causing death
Appeal of conviction for criminal negligence causing death was dismissed
Truck driven by accused drifted into oncoming traffic and collided head-on with mini-van, killing its driver. Accused was convicted of dangerous driving causing death and criminal negligence causing death. Conviction for dangerous driving causing death was stayed in accordance with R. v. Kienapple. Accused appealed conviction for criminal negligence causing death. Appeal dismissed. Accused submitted that trial judge failed to adequately explain to jury elements of criminal negligence causing death and how that offence differs from offence of dangerous driving causing death, and to adequately relate evidence to offence. Trial judge properly instructed jury on elements of criminal negligence causing death and explained difference between that offence and lesser offence of dangerous driving causing death. In response to jury question seeking clarification about difference between dangerous driving causing death and criminal negligence causing death, trial judge repeated relevant portions of his charge and added that for criminal negligence causing death, conduct must be more marked than for dangerous driving in both physical and mental elements of offence. Trial judge reviewed elements of offence of dangerous driving and summarized relevant evidence.
R. v. Bhangal (2016), 2016 CarswellOnt 17933, 2016 ONCA 857, Alexandra Hoy A.C.J.O., Doherty J.A., and K. van Rensburg J.A. (Ont. C.A.).
