CASE LAW - R v Harry
We often see serious collisions reported in the news where the offending driver was only issued a traffic ticket for the violation that caused it. Public sentiment often conveys the wish that the driver should have been charged criminally for what they have done. One yardstick for considering a criminal charge instead of a traffic ticket is whether the offending driver showed "a marked departure from the standard of care which a reasonable person would have exercised in the same circumstances."
In the case of R v Harry, Mr. Justice Marchand examines a collision that occurred in July of 2015 on highway 99 between Pavilion and Lillooet. Gary Harry was driving an SUV and responded to being closely followed by another car by accelerating away at high speed. He subsequently lost control of the vehicle and his female passenger was ejected and seriously injured in the resulting collision.
Mr. Harry was charged with and convicted of dangerous driving causing bodily harm after the justice examined how his driving was a marked departure from normal.