R. v. Hundal

SCCInfoBox
case-name=R. v. Hundal
full-case-name=Surinder Hundal v. Her Majesty The Queen
heard-date=January 30, 1992
decided-date=March 11, 1993
citations= [1993] 1 S.C.R. 867
history=
ruling=Hundal's appeal was dismissed.
ratio=
SCC=1991-1992
Majority=Cory J.
JoinMajority=L'Heureux-Dubé, Sopinka, Gonthier and Iacobucci JJ.
Concurrence=McLachlin J.
JoinConcurrence=Lamer C.J.
Concurrence2=La Forest J.
NotParticipating=Stevenson J.

"R. v. Hundal" [1993] 1 S.C.R. 867, is one of several landmark Supreme Court of Canada cases where the court showed its first signs of moving away from the strict requirement for subjectively proven mens rea in criminal offences.

Background

The accused, Mr. Hundal, was driving an overloaded dump truck above the speed limit through downtown Vancouver. When Mr. Hundal entered an intersection on a red light he collided with a car that had also just entered the intersection on a green light, killing the driver.

The accused claimed that he entered the intersection on a yellow and did not have time to stop. However the trial judge rejected this based on the evidence of several eye-witnesses. Mr. Hundal was convicted of dangerous driving causing death under s.249(1) of the Criminal Code of Canada. His appeal to the British Columbia Court of Appeal was dismissed.

Reasoning

Justice Cory, writing for the majority, recognised that "mens rea" could be proven subjectively or objectively depending on the offence. The offence at issue should be assessed objectively within the context of all the surrounding events. "The trier of fact must be satisfied that the conduct amounted to a "marked departure" from the standard of care that a reasonable person would observe in the accused's situation." [emphasis added] On this modified objective standard it was found that Mr. Hundal was driving in a manner that was dangerous to public safety.

See also

* R. v. DeSousa
* R. v. Tutton

External links

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