Near miss before collision should have caused accused to modify his driving

Criminal Law - Offences against the person and reputation - Dangerous driving causing death

Accused was involved in automobile accident. Accused convicted of dangerous driving. Trial judge found it was beyond reasonable doubt that actions of accused amounted to dangerous driving. Trial judge found accused was not credible. Trial judge found accused passed southbound cars at rise in road where he was unable to observe oncoming truck until last moment, at which point he was forced to cut dangerously back into other land in front of minivan, compelling other driver to driver truck onto shoulder. Trial judge found accused did not properly check road ahead of him. Trial judge found there was not northbound truck which threw up snow obscuring vision. Accused appealed conviction. Appeal dismissed. Near miss before collision should have caused accused to modify his driving and was part of transaction at issue rather than similar fact evidence. Conduct that led to fatal collision was one series of events that demonstrated pattern of behaviour. Trial judge did not err in concluding that attempt to pass truck almost represented wanton and reckless disregard for lives and safety of those on road. Reasons were sufficient and clearly articulated path to conviction, and were capable of appellate review.

R. v. Singh (2019), 2019 CarswellOnt 17943, 2019 ONCA 872, M.L. Benotto J.A., David Brown J.A., and David M. Paciocco J.A. (Ont. C.A.); affirmed (2018), 2018 CarswellOnt 2347, 2018 ONSC 386, A.D. Kurke J. (Ont. S.C.J.). (Ont. C.A.); affirmed (2018), 2018 CarswellOnt 12408, 2018 ONSC 4598, A.D. Kurke J. (Ont. S.C.J.).

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