Monday, January 19, 2026
ADVT 
National

Supreme Court Rules Against Speeder In Dangerous-Driving Case

Darpan News Desk The Canadian Press, 27 Mar, 2020 08:09 PM

    OTTAWA - A reasonable person should foresee the risk of driving almost three times the speed limit towards a major city intersection, the Supreme Court of Canada says in upholding a man's conviction.

     

    The 4-1 decision came Friday in the case of Ken Chung, whose silver Audi hit another car in Vancouver in November 2015, killing the driver.

     

    Chung, who was driving at 140-kilometres-an-hour in a 50-kilometre-an-hour zone, was acquitted at trial of dangerous driving causing death.

     

    Over the span of a block, Chung had moved in to the curbside lane, passed at least one car and accelerated quickly before entering the intersection. The trial judge found Chung was neither inattentive nor driving dangerously prior to this one-block span.

     

    The judge ruled Chung's speeding was only momentary and therefore amounted to a lapse of judgment rather than a significant departure from the standard of a reasonably prudent driver.

     

    British Columbia's appeal court overturned the decision and entered a conviction, prompting Chung to take his case to the Supreme Court.

     

    In its decision Friday, the high court said the trial judge's fixation on the momentary nature of the speeding was an error of law.

     

    In writing for the majority, Justice Sheilah Martin said Chung's actions were not comparable to momentary mistakes that might be made by any reasonable driver, such as a mistimed turn on to a highway or the sudden loss of awareness or control.

     

    "A reasonable person would have foreseen the immediate risk of reaching a speed of almost three times the speed limit while accelerating towards a major city intersection," she wrote. "Mr. Chung’s conduct in these circumstances is a marked departure from the norm."

     

    Driving is an inherently risky activity that is made all the more risky "the faster we drive, the harder we accelerate, and the more aggressively we navigate traffic," she said. "Although even careful driving can result in tragic consequences, some conduct is so dangerous that it deserves criminal sanctions."

     

    However, Martin cautioned against adopting "hard and fast rules" on actions.

     

    It is conceivable that in some cases even grossly excessive speed may not be a notable departure from the standard of care, she wrote.

     

    "Only when there has been an active engagement with the full picture of what occurred can the trial judge determine whether the accused's conduct was a marked departure from the conduct of a reasonable and prudent driver."

     

    MORE National ARTICLES

    Suspect Identified, Arrest Warrant Issued For Violent Robberies At Vancouver Skytrain Stations

    An appeal to the public, by Metro Vancouver Transit Police, has led to the identity and issuing of an arrest warrant of a suspect believed to be involved in two violent robberies.  

    Suspect Identified, Arrest Warrant Issued For Violent Robberies At Vancouver Skytrain Stations

    Surrey Family Pleads For Information 1 Year After Mother Struck And Killed In Wheelchair

    Surrey RCMP’s Criminal Collision Investigation is continuing to investigate a hit and run collision that claimed the life of Sharon Mitchell, and are joined by her bereaved family in a renewed public appeal for information.  

    Surrey Family Pleads For Information 1 Year After Mother Struck And Killed In Wheelchair

    Coquitlam RCMP Looking For Missing 25-Year-Old Man Michael Segers

    The Coquitlam RCMP is asking for your help in the search for Michael Segers.    

    Coquitlam RCMP Looking For Missing 25-Year-Old Man Michael Segers

    Crown Says Boyle, Accused Of Assault, Made Up Self-serving Nude Protest Story

    Boyle, 36, has pleaded not guilty to several offences against Coleman including assault, sexual assault and unlawful confinement in the period of October to December 2017 in Ottawa.

    Crown Says Boyle, Accused Of Assault, Made Up Self-serving Nude Protest Story

    Humboldt Broncos Families Upset By Alberta Trucking Regulation Review

    EDMONTON - Several families affected by the deadly Humboldt Broncos hockey bus crash say they are upset by an Alberta review of trucking regulations.    

    Humboldt Broncos Families Upset By Alberta Trucking Regulation Review

    Quebec Premier Apologizes To First Nations, Inuit For Discrimination

    Quebec Premier Francois Legault has apologized to First Nations and Inuit peoples for long-standing discrimination in their dealings with the province.    

    Quebec Premier Apologizes To First Nations, Inuit For Discrimination