APPEALS - Misapprehension of or failure to consider evidence - Miscarriage of justice

Law360 Canada (December 6, 2022, 6:37 AM EST) -- Appeal by Rogers from conviction for dangerous driving causing death and dangerous driving causing bodily harm arguing miscarriage of justice. Rogers, then age 19, was driving three friends in his Jeep Cherokee. He lost control of his vehicle and it plunged down a steep embankment on the right side of the road. Tragically, one passenger died at the scene and two others were injured. The trial judge found Rogers intentionally tried to drift or fishtail his vehicle at a turn in the road and this attempt amounted to a marked departure from the standard of care expected of a reasonable driver in the circumstances. In his analysis and conclusion, the trial judge correctly noted the requisite elements of the offences of dangerous driving causing death and dangerous driving causing bodily harm. The trial judge rejected Rogers’ evidence as self-serving and in polar opposition to the available photographic evidence, the expert evidence and the testimony of Grochowicz. The judge concluded on the totality of the evidence that speed coupled with the makeup of the roadway, its surface and the curvature, along with the accused’s knowledge of the characteristics of the vehicle, resulted in the Jeep being driven in a manner that was objectively dangerous. Rogers was found guilty of dangerous driving causing death and two counts of dangerous driving causing bodily harm....
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