R. v. Taggar

R. v. Taggar

Although the accused's driving fell below acceptable standards (unfamiliar car and area, excessive speed relative to limit), the judge accepted the accused's explanation that passenger interference distracted him and caused an overcorrection; that explanation raised a reasonable doubt as to whether his conduct was a marked departure from the objective standard required for conviction under s.249(3), therefore acquittal was required.

Citation
2004 BCSC 893
Parties
Crown: Regina; Accused: Jasvinder Taggar
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 July 2004
Procedural Posture
Criminal Dangerous Driving Causing Bodily Harm / Trial Judgment
Outcome
Acquitted
Legal Topics
Dangerous Driving Causing Bodily Harm, Standard of Care (objective), Causation, Evidence Expert Opinion, Judicial Directions (w.(d.))
Source Language
English
Criminal Law Road Traffic Offences Dangerous Driving Causing Bodily Harm Standard of Care (objective) Causation Evidence Expert Opinion Judicial Directions (w.(d.))

Case Brief

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Parties

Regina

Crown

Jasvinder Taggar

Accused

Procedural Posture

Criminal Dangerous Driving Causing Bodily Harm / Trial Judgment

Legal Issues

  1. 1 Whether the accused drove in a manner dangerous to the public amounting to a marked departure from the standard of care (s.249(3) Criminal Code)
  2. 2 Whether the accused's explanation (distraction by passenger and panic/overcorrection) negates criminal liability by showing no reasonable person in similar circumstances would have been aware of the risk

Ratio Decidendi

Although the accused's driving fell below acceptable standards (unfamiliar car and area, excessive speed relative to limit), the judge accepted the accused's explanation that passenger interference distracted him and caused an overcorrection; that explanation raised a reasonable doubt as to whether his conduct was a marked departure from the objective standard required for conviction under s.249(3), therefore acquittal was required.

Court Disposition

Acquitted

Orders

  • Accused Jasvinder Taggar acquitted of the charge under s.249(3) of the Criminal Code, R.S.C. 1985, c. C-46.