R. v. Hecimovic

R. v. Hecimovic

The accused was convicted because, on the totality of the evidence (excess speed well above limit, entry into a right‑turn‑only lane, passing slowing vehicles after advisory lights, failure to observe overhead flashing lights and signage, and entering the intersection on red leading to fatal collision), her conduct amounted to a marked departure from the standard of care a reasonable driver in her circumstances would have exercised; the lapse was not momentary and subjective intent was unnecessary to convict under the modified objective test.

Citation
2017 BCSC 398
Parties
Crown: Regina; Accused: Andelina Kristina Hecimovic
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 January 2017
Procedural Posture
Criminal Dangerous Driving Causing Death / Trial Judgment (conviction)
Outcome
Convicted on both counts of dangerous driving causing death
Legal Topics
Dangerous Driving Causing Death, Mens Rea Marked Departure, Modified Objective Test, Expert Testimony, Credibility and W.(d.) Assessment
Source Language
English
Criminal Law Traffic/road Safety Evidence Dangerous Driving Causing Death Mens Rea Marked Departure Modified Objective Test Expert Testimony Credibility and W.(d.) Assessment

Case Brief

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Parties

Regina

Crown

Andelina Kristina Hecimovic

Accused

Procedural Posture

Criminal Dangerous Driving Causing Death / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether Crown proved mens rea of a marked departure from the standard of care
  2. 2 Whether accused had subjective intent to 'jump' the red light
  3. 3 Whether the accused's conduct was a momentary lapse or a marked departure under the modified objective test

Ratio Decidendi

The accused was convicted because, on the totality of the evidence (excess speed well above limit, entry into a right‑turn‑only lane, passing slowing vehicles after advisory lights, failure to observe overhead flashing lights and signage, and entering the intersection on red leading to fatal collision), her conduct amounted to a marked departure from the standard of care a reasonable driver in her circumstances would have exercised; the lapse was not momentary and subjective intent was unnecessary to convict under the modified objective test.

Court Disposition

Convicted on both counts of dangerous driving causing death

Orders

  • Found guilty on both counts of dangerous driving causing death