CASE LAW - R v Chung

BC Courts Coat of Arms On the 14th of November, 2015 at about 9:00 am, Ken Chung was operating an Audi northbound on Oak Street approaching West 41st Avenue in Vancouver. Evidence suggested that his speed was about 140 km/h in the 50 km/h zone.

Alphonsus Hui was driving his Suzuki southbound on Oak Street and commenced a left turn onto West 41st Avenue when he was struck by Chung who had managed to slow to about 120 km/h. Dr. Hui died in the impact.

Mr. Chung was charged with dangerous driving causing death while street racing, contrary to section 249(4) of the Criminal Code.

Judge G. Rideout decided that:

In this case there were fatal and tragic consequences arising from the accused’s objectively dangerous driving conduct as result of his excessive speeding. There is at least a reasonable doubt that such conduct amounted to a marked departure from the standard of a reasonably prudent driver.

I conclude the momentariness of the accused’s conduct in excessively speeding is insufficient to meet the criminal fault component and he must be acquitted.

Crown successfully appealed lower court's decision before Justices Groberman, Fenlon and Hunter who convicted Chung and remitted the matter to provincial court for sentencing.

Link:

"Reasonably prudent driver" ???

[119] In this case there were fatal and tragic consequences arising from the accused’s objectively dangerous driving conduct as result of his excessive speeding. There is at least a reasonable doubt that such conduct amounted to a marked departure from the standard of a reasonably prudent driver: R. v. Bagri, 2016 BCCA 272 (CanLII), at para. 31

[120] I conclude the momentariness of the accused’s conduct in excessively speeding is insufficient to meet the criminal fault component and he must be acquitted.

Not sure what planet this judge is living on, but accelerating to 140 km/h on a city street is not what a reasonably prudent driver would do. I hope the appeal is successful.