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British Columbia Court of Appeal allowed an appeal from dangerous driving convictions, finding material misapprehensions of evidence and legal error warranted a new trial.
The Court of Appeal dismissed Gregory Thomas Edwards’ appeal, upholding his conviction for failing to stop and assist after a fatal collision.
Although evidence showed alcohol consumption (smell, red/glossy eyes, some slurred speech, staggering and officer opinion), the driving was not aberrant, alternative innocent explanations existed for several indicia, and on the totality of the evidence the Crown failed to prove beyond a reasonable doubt that the defendant's ability to operate a motor vehicle was impaired by alcohol; therefore acquittal was required.
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