CASE LAW - R v Malcolm
Kenneth Malcolm wanted by. He sped up and tailgated a vehicle in the fast lane. When it didn't move out of his way, he changed to the slow lane, overtook and tailgated the vehicle there. That driver braked briefly so that both vehicles had to slow, eventually dropping behind the vehicle that Mr. Malcolm initially hoped would get out of his way. He moved back behind that first vehicle and continued to tailgate it. All of Mr. Malcolm's movements were made at a speed above the posted speed limit.
Cst. Charron happened to be present, driving an unmarked police vehicle, and observed and recorded the incident. He stopped Mr. Malcolm and issued him a violation ticket for driving without reasonable consideration for others using the highway. The Judicial Justice of the Peace convicted Mr. Malcolm of the offence after a trial. Malcolm appealed that decision.
This case is the appeal of that conviction. The Honourable Mr. Justice Rogers cites the 1994 case of R v Joe in which the Honorable Judge Hoy articulates the true test of driving without reasonable consideration. He agrees with the JJP that the driving was unreasonable and upholds the conviction.