R. v. G.W.A.

R. v. G.W.A.

The Crown failed to prove beyond a reasonable doubt that the accused knew of and allowed the deceased to hold onto and be towed by the vehicle; the charge alleged an act (allowing/towing) and not an omission, so the Crown could not rely on an unpleaded alternative theory of failure to keep lookout; in any event the accused's driving was normal and any momentary lack of awareness did not constitute a marked departure or wanton/reckless disregard, therefore acquittal on both the charged offence and the included offence was required.

Citation
2011 NSPC 6
Parties
Crown: Her Majesty the Queen; Accused: G.W.A.; Deceased: D.W.T.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 January 2011
Procedural Posture
Criminal Youth / Trial Decision
Outcome
Accused acquitted of criminal negligence causing death; acquitted of included offence dangerous driving causing death
Legal Topics
Criminal Negligence Causing Death, Dangerous Driving Causing Death, Included Offences, Charge Pleading and Alternative Theories
Source Language
English
Criminal Law Youth Justice Criminal Negligence Causing Death Dangerous Driving Causing Death Included Offences Charge Pleading and Alternative Theories

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Crown

G.W.A.

Accused

D.W.T.

Deceased

Procedural Posture

Criminal Youth / Trial Decision

Legal Issues

  1. 1 Whether the accused allowed or knowingly towed the deceased by permitting him to hold on to the vehicle (knowledge and assent)
  2. 2 Whether the accused's conduct constituted a marked and substantial departure from the standard of care or showed wanton or reckless disregard for life
  3. 3 Whether the Crown could rely on an alternative theory (failure to keep proper lookout) not pleaded in the information

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the accused knew of and allowed the deceased to hold onto and be towed by the vehicle; the charge alleged an act (allowing/towing) and not an omission, so the Crown could not rely on an unpleaded alternative theory of failure to keep lookout; in any event the accused's driving was normal and any momentary lack of awareness did not constitute a marked departure or wanton/reckless disregard, therefore acquittal on both the charged offence and the included offence was required.

Court Disposition

Accused acquitted of criminal negligence causing death; acquitted of included offence dangerous driving causing death

Orders

  • Not guilty verdict on count of criminal negligence causing death (Criminal Code s.220)
  • Not guilty verdict on included offence of dangerous driving causing death (Criminal Code s.249)