R. v. Nielsen

R. v. Nielsen

Judge found the actus reus proven — the Super‑B train travelled into oncoming lanes and struck the Jeep — but the Crown failed to prove the requisite mens rea (a marked departure from the standard of care) beyond a reasonable doubt; accordingly the accused was acquitted of dangerous driving causing death. On the assault charge, the judge found the accused acted in self‑defence in repelling an unprovoked assault and was acquitted of assault causing bodily harm.

Citation
2012 BCSC 1581
Parties
Prosecution: Regina; Accused: David Russell Nielsen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 October 2012
Procedural Posture
Criminal Dangerous Driving Causing Death; Assault Causing Bodily Harm / Trial Reasons for Judgment (judgment)
Outcome
Accused acquitted on both counts (dangerous driving causing death and assault causing bodily harm)
Legal Topics
Dangerous Driving Causing Death, Assault Causing Bodily Harm, Self Defence, Causation, Expert Opinion, Modified Objective Test
Source Language
English
Criminal Law Road Traffic Evidence Dangerous Driving Causing Death Assault Causing Bodily Harm Self Defence Causation Expert Opinion +1 more

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Parties

Regina

Prosecution

David Russell Nielsen

Accused

Procedural Posture

Criminal Dangerous Driving Causing Death; Assault Causing Bodily Harm / Trial Reasons for Judgment (judgment)

Legal Issues

  1. 1 Whether Crown proved beyond a reasonable doubt that the accused's driving met the criminal standard of dangerous driving causing death
  2. 2 Whether Crown disproved the defence of self-defence with respect to the assault causing bodily harm charge
  3. 3 Causation of death and the mechanical/dynamic causes of loss of control

Ratio Decidendi

Judge found the actus reus proven — the Super‑B train travelled into oncoming lanes and struck the Jeep — but the Crown failed to prove the requisite mens rea (a marked departure from the standard of care) beyond a reasonable doubt; accordingly the accused was acquitted of dangerous driving causing death. On the assault charge, the judge found the accused acted in self‑defence in repelling an unprovoked assault and was acquitted of assault causing bodily harm.

Court Disposition

Accused acquitted on both counts (dangerous driving causing death and assault causing bodily harm)

Orders

  • Acquit David Russell Nielsen of dangerous driving causing death contrary to s.249(4) of the Criminal Code
  • Acquit David Russell Nielsen of assault causing bodily harm contrary to s.267(b) of the Criminal Code