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Reviews of Investigating Impaired Drivers
« ACQUITTAL - REFUSAL IN CAUSING DEATH CASE | Main | NOTICE OF INTENTION - CONVICTION RESTORED »
Monday
May182020

NECESSITY DEFENCE REJECTED - CONVICTION UPHELD

Mr. Lights was convicted of dangerous driving and criminal negligence causing bodily harm after running a red light at high speed and causing a serious accident involving two other cars. When the accident took place, Mr. Lights's friend was a passenger in the back seat. He had been shot in the chest. At trial, the issues were the identity of the driver and the defence of necessity. Necessity was rejected: there was no reasonable inference available to the trier of fact that the harm inflicted was proportionate to the harm avoided. The appellant argues that the harm he sought to avoid was harm to his wounded passenger, including potentially his death, from delay in receiving medical attention. Whatever delay may have been caused by proceeding safely through the intersection or not driving at all and calling an ambulance must have been relatively minor based on the evidence. We note that the ambulance arrived at the scene from the nearby hospital 58 seconds after being dispatched. R. v. Lights, 2020 ONCA 102