The concept of a “marked departure from normal conduct” often arises when determining the threshold for certain offences, particularly those requiring proof of negligence, recklessness, or impairment. This term helps to establish when behaviour deviates significantly from what a reasonable person would consider safe or acceptable under similar circumstances.
The Role of Marked Departure in Criminal Offences
The standard of a marked departure is frequently applied in cases involving impaired driving, dangerous driving, and other offences where the accused’s actions are evaluated against a reasonable standard of care. The courts assess whether the accused’s conduct demonstrated a significant deviation from what is expected of a reasonably prudent individual.
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Impaired Driving and Marked Departure
In R. v. Stellato, the Ontario Court of Appeal clarified that impairment under s. 253(a) of the Criminal Code does not require a marked departure from normal conduct. The court stated that any degree of impairment, whether slight or severe, is sufficient to meet the threshold for conviction if the evidence demonstrates impairment beyond a reasonable doubt.
This precedent emphasizes that:
- Impairment is a factual determination made by the trial judge based on the totality of evidence, such as observations, test results, and expert opinions.
- A marked departure standard is not necessary for establishing impairment; the presence of any impairment in driving ability, no matter how minor, is sufficient for a conviction.
Key Takeaways for Impaired Driving Cases
- The Crown is not required to prove that the accused’s conduct constituted a marked departure from sobriety standards.
- Evidence such as erratic driving, slurred speech, and unsteady movement, even in minor forms, can establish impairment.
- The focus remains on whether the accused’s ability to operate a motor vehicle was affected by alcohol or drugs.
Why Understanding Marked Departure Matters
For individuals accused of criminal offences, understanding the concept of marked departure is essential to building an effective defence. Violations of the duty of care often serve as a foundation for proving a marked departure in negligence-based offences, highlighting the need to demonstrate how a reasonable person would have acted under similar circumstances.
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Key considerations include:
- Contextual Evidence: Demonstrating that the actions in question were reasonable given the circumstances.
- Challenging the Crown’s Case: Arguing that the alleged behaviour does not rise to the level of a marked departure.
- Expert Testimony: Leveraging expert opinions to contextualize actions or counter claims of reckless conduct.
Defending Against Charges Involving Marked Departure
An experienced criminal lawyer can help by:
- Evaluating Evidence: Assessing whether the Crown’s case meets the standard of a marked departure.
- Developing Contextual Arguments: Providing explanations for the accused’s actions that align with reasonable conduct.
- Challenging Procedural Errors: Identifying flaws in evidence collection or interpretation.
Have You Been Charged with Impaired Driving?
An experienced criminal defence lawyer is essential when facing impaired driving charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.
Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer
Don’t hesitate to reach out to us if you have been charged with impaired driving. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.