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The British Columbia Supreme Court convicted Andelina Kristina Hecimovic of two counts of dangerous driving causing death after finding her conduct was a marked departure from the required standard.
The B.C. Supreme Court varied a sentence for uttering threats, finding the sentencing judge erred by treating unproven dangerous driving as an aggravating factor.
The Court held the exception in s.125(1) did not apply because pedestrian movement at the intersection was regulated by traffic signals (not 'signs'), the summary conviction judge erred in law by relying on that exception, and there was no evidence the respondent took reasonable steps to avoid failing to yield so the defence of due diligence was not established; conviction entered and minimum statutory penalty imposed.
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