Reference no: EM133843972

Assignment:

Using the Criminal Code of Canada answer the following question: Tom is charged with dangerous driving causing death. The defence position is that the death was a result of a tragic accident, not as a result of Tom's driving. The defence contends that the deceased had jumped out onto the street unexpectedly and Tom did not have a chance to avoid colliding with the deceased. The defence wishes to call Fred Hamilton as an accident reconstructionist. Mr. Hamilton is President of "Reports 'R Us Industries." He is a civil engineer and has consulted on road and transit design in the past. Mr. Hamilton also has expertise in avoidance of accident risks. He has been a civil engineer for 3 years and 3 months. As part of his civil engineering degree, Mr. Hamilton completed three courses on highway, road and runway design. The relevant aspects of the report that Mr. Hamilton prepared for this case is as follows:

"It is my opinion that the pedestrian was not struck while walking within the cross-walk lines from north to south, as claimed by the witness, Pamela Wallace. Ms. Wallace's testimony is not credible because, based on firm science, the pedestrian was struck at a point seven feet south of the north bound curb, and nine feet to the east of the east line of the north-south cross-walk on the west side of the intersection - in other words, nine feet into the intersection. I have determined this location based in part, on the ultimate location of the body, which was indicated by fluorescent paint markings that were still visible when I reviewed the scene thirteen days later, and as located on police diagrams.

The pedestrian was struck by the lower right hand corner of the vehicle, which sustained damage only at the lower grill level and below. I am assuming that the truck was travelling at a speed of between forty-five and fifty-five kilometres per hour 3 because I am advised that witnesses did not hear any squealing of tires, and there were no skid marks observed by officers at the scene; based on seven attempts in our lot where pavement conditions are similar, this vehicle could not negotiate a 90 degree turn in a similarly short radius at more than fifty-five kilometres per hour without squealing and losing traction.

Based on the speed of the vehicle, the weight of the pedestrian (61 kilograms), the path of the vehicle (I am assuming it stayed within its lane on making the turn as there is no indication to the contrary), and the location of the body when it came to rest, I have been able to use standard physics to determine the likely point of impact. I have relied in making this assessment on the "Koster test" that was developed in-house by one of our experts David Koster to determine the impact of posture on the distance of pedestrian flight."

Analyze whether the defence will succeed in having Fred Hamilton present this evidence at trial. Your answer should include reference to at least 1 case. Make sure your answer references specific sections in the Criminal Code.