Ontario criminal decisions

Starvation permitted to be considered as an alternate cause of death

Appeal dismissed

Reasonable, ordinary person would have foreseen risk of driving the way accused drove

Criminal Law – Offences against the person and reputation – Dangerous driving causing death

Accused’s impaired state made material contribution to excessive speed

Criminal Law – Offences against the person and reputation – Impaired driving causing bodily harm

There was no physical evidence that supported accused’s assertion of mechanical failure

Criminal Law – Offences against the person and reputation – Dangerous driving causing death

Disparities between elements and legal consequences of charges disqualified application of Kienapple

Criminal Law – Defences – Res judicata

Failure to mention evidence not indicative of failure to consider testimony

Criminal Law – Appeals – Appeal from conviction or acquittal