R. v. Rowsell

R. v. Rowsell

There was insufficient evidence that Rowsell's conduct constituted a marked and substantial departure showing wanton or reckless disregard for life or safety; he checked around the truck, parked opposite an open well‑lit station, and there was no direct evidence his acts or omissions caused the death, therefore discharge on criminal negligence is warranted; however there is sufficient evidence that he may have known something occurred and nonetheless drove on, creating a triable issue on the s.252 leaving the scene charge, so committal on that count is required.

Citation
2007 NSPC 62
Parties
Crown: Her Majesty the Queen; Accused: Gerald Brenton Rowsell; Victim: Ann Margaret Knockwood
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 November 2007
Procedural Posture
Criminal / Preliminary Inquiry Committal Decision
Outcome
Accused discharged on criminal negligence charge (s.220(b) CC) and committed to stand trial on leaving the scene charge (s.252 CC).
Legal Topics
Criminal Negligence Causing Death, Failing to Stop/leave Scene, Preliminary Inquiry, Publication Ban
Source Language
English
Criminal Law Motor Vehicle Law Evidence Criminal Negligence Causing Death Failing to Stop/leave Scene Preliminary Inquiry Publication Ban

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Parties

Her Majesty the Queen

Crown

Gerald Brenton Rowsell

Accused

Ann Margaret Knockwood

Victim

Procedural Posture

Criminal / Preliminary Inquiry Committal Decision

Legal Issues

  1. 1 Whether evidence at preliminary inquiry is sufficient to commit accused for trial on criminal negligence causing death (s.220(b) CC)
  2. 2 Whether accused owed and breached a legal duty showing wanton or reckless disregard for life or safety (ss.219(1)-(2) CC)
  3. 3 Whether evidence suffices to commit accused for trial on leaving the scene with intent to escape liability (s.252 CC)

Ratio Decidendi

There was insufficient evidence that Rowsell's conduct constituted a marked and substantial departure showing wanton or reckless disregard for life or safety; he checked around the truck, parked opposite an open well‑lit station, and there was no direct evidence his acts or omissions caused the death, therefore discharge on criminal negligence is warranted; however there is sufficient evidence that he may have known something occurred and nonetheless drove on, creating a triable issue on the s.252 leaving the scene charge, so committal on that count is required.

Court Disposition

Accused discharged on criminal negligence charge (s.220(b) CC) and committed to stand trial on leaving the scene charge (s.252 CC).

Orders

  • Discharge of Gerald Brenton Rowsell on charge of criminal negligence causing death (Criminal Code s.220(b)).
  • Commitment of Gerald Brenton Rowsell to stand trial on charge of failing to stop at scene of accident with intent to escape civil or criminal liability (Criminal Code s.252).