What is the test for establishing that a defendant has raised a reasonable doubt as to the allegation that in driving her vehicle at the material time, she failed to exercise due care and attention or afford reasonable consideration to other persons using the highway?
Ontario, Canada
The following excerpt is from R. v. Wong, 2013 ONCJ 112 (CanLII):
[82] Accordingly I find, based upon the totality of the evidence, that the defendant has raised a reasonable doubt as to the allegation that in driving her vehicle at the material time, she failed to exercise due care and attention or afford reasonable consideration to other persons using the highway. In making this finding, I have applied the second prong of the three-part test relative to the assessment of credibility, as set out in Regina v. W.(D.), supra.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the considerations used in determining whether misconduct of an individual, established through an earlier disciplinary proceeding against him or her, affords reasonable grounds for belief that the individual will not trade or trade in mortgages with integrity and honesty? (Ontario, Canada)
When a defendant's mistaken belief that a fire department vehicle was approaching his vehicle from the rear, westbound lane of the Derry Road, is sufficient to establish due diligence? (Ontario, Canada)
What is the test for reasonable grounds for establishing that reasonable grounds are reasonable grounds? (Ontario, Canada)
What is the objective criteria for establishing that a reasonable person standing in the shoes of a police officer when responding to an allegation of assault? (Ontario, Canada)
Does a cottage owner who only uses the right of way only on a few times a year, only for a seasonal basis, and only for the seasonal use of the property, have it been deemed continuous use? (Ontario, Canada)
Does a defendant have to prove their intention to set the vehicle in motion to be found guilty of careless driving? (Ontario, Canada)
In what circumstances will a defendant be found guilty of dangerous driving when he strikes a cyclist he was attempting to pass while driving at an excessive speed? (Ontario, Canada)
Does the evidence of the wife raise a reasonable doubt with respect to the symptoms described by the two police officers? (Ontario, Canada)
What considerations must a court consider in determining the reasonableness of the use of force by a police officer against a suspect? (Ontario, Canada)
What is the paramount use of the "established primarily for" formulation in the "principal use" test? (Ontario, Canada)
