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The Supreme Court of Canada has ordered a new trial for a motorist who was acquitted of dangerous driving charges following a fatal crash in Vancouver, British Columbia.
The case involves Moshfeghi Zadeh, who drove through a red light at a busy Vancouver intersection in July 2021 and collided with another vehicle. The impact caused Zadeh’s car to overturn onto the sidewalk.
The crash left a man seriously injured and killed his 18-month-old daughter.
How the Motorist Was Acquitted
At the original trial, the judge found that Zadeh’s manner of driving did not amount to a marked departure from the standard of care expected of a reasonable person under the circumstances.
Based on that finding, Zadeh was acquitted of dangerous driving causing death and dangerous driving causing bodily harm.
The Crown appealed the acquittal, but a majority of the British Columbia Court of Appeal dismissed the appeal, leaving the acquittal in place at that stage.
Supreme Court Orders Fresh Trial
The Supreme Court of Canada has now ordered that the case be heard again in a new trial, overturning the previous outcome.
The ruling means the dangerous driving allegations will return to trial rather than remain concluded by the earlier acquittal.
The case centres on the legal standard for determining whether a driver's conduct amounts to dangerous driving, particularly when a collision results in death or serious injury.
The Canadian Press
The Supreme Court of Canada has ordered a new trial for a motorist who was acquitted of dangerous driving charges following a fatal crash in Vancouver, British Columbia.
The case involves Moshfeghi Zadeh, who drove through a red light at a busy Vancouver intersection in July 2021 and collided with another vehicle. The impact caused Zadeh’s car to overturn onto the sidewalk.
The crash left a man seriously injured and killed his 18-month-old daughter.
How the Motorist Was Acquitted
At the original trial, the judge found that Zadeh’s manner of driving did not amount to a marked departure from the standard of care expected of a reasonable person under the circumstances.
Based on that finding, Zadeh was acquitted of dangerous driving causing death and dangerous driving causing bodily harm.
The Crown appealed the acquittal, but a majority of the British Columbia Court of Appeal dismissed the appeal, leaving the acquittal in place at that stage.
Supreme Court Orders Fresh Trial
The Supreme Court of Canada has now ordered that the case be heard again in a new trial, overturning the previous outcome.
The ruling means the dangerous driving allegations will return to trial rather than remain concluded by the earlier acquittal.
The case centres on the legal standard for determining whether a driver's conduct amounts to dangerous driving, particularly when a collision results in death or serious injury.
The Canadian Press