CASE LAW - R v Prasad
In this case, Avinash Prasad has pled guilty to driving without due care and attention after having been charged with dangerous driving causing death. This follows from a collision on March 28, 2009 near the intersection of 64th Avenue and 176th Street in Surrey. He was fined $2,000, given a 90 intermittent jail sentence to be served on weekends and prohibited from driving for 4 years.
Mr. Prasad has a significant driving record.
Crown and Mr. Justic Blok accepted this plea because they were satisfied that the element of "marked departure" from the level of care expected of a reasonable person in the same circumstances, essential for the Criminal Code offence, was a doubtful or at least a difficult proposition.
The driving included a speed of at least 90 km/h in a 60 km/h zone of a heavily traveled commercial area of the city, striking curbing during a lane change, hitting a traffic island, becoming airbourne and landing on another vehicle, killing the driver. One witness characterized the driving behaviour as "driving like an idiot."
Do you think that this is unreasonable driving behaviour?