Law360 Canada ( November 23, 2017, 8:27 AM EST) -- Appeal by the Crown from Romano’s acquittal on a charge of dangerous driving causing death. Romano was an undercover officer operating an undercover truck at a rate of speed substantially in excess of the speed limit to catch up with other members of his surveillance team when he struck and killed Abogado at around 8:19 p.m. on February 12, 2014. Abogado was an 18-year-old woman who just got off a bus and was jaywalking across the street to get home. Romano admitted that, given the speed at which he was driving, he could not notice pedestrian traffic in time to avoid pedestrians entering the roadway. The judge refused to instruct the jury on dangerous driving simpliciter, but did direct them that if they were not satisfied that Romano’s operation of his vehicle caused Abogado’s death, they were obliged to enter a verdict of acquittal. He made comments about the risks inherent in jaywalking, the darkness of Abogado’s clothing and the poor visibility at the time of the collision. The defence’s closing argument had included submissions inviting the jury to assign causal blame to Abogado for the accident. The Crown also advised the jury in closing that causation was one of the questions that the trial was about....