In R. v. Tessling, the Supreme Court of Canada considered an appeal from a decision of the Court of Appeal for Ontario that had overturned a lower court’s conviction of the respondent, Mr. Tessling, on charges of dangerous driving causing death and criminal negligence causing death.
The case arose from an incident in which Mr. Tessling was driving a car that collided with another vehicle, resulting in the death of one of the passengers in the other vehicle. At trial, Mr. Tessling argued that the collision was caused by the other driver’s failure to yield the right of way, and that he had taken all reasonable precautions to avoid the collision. The trial judge found Mr. Tessling guilty of both charges and sentenced him to a term of imprisonment.
On appeal, the Court of Appeal for Ontario set aside the conviction and ordered a new trial, finding that the trial judge had made errors in his instructions to the jury and in his assessment of the evidence. The Supreme Court of Canada allowed the Crown’s appeal from the Court of Appeal’s decision and restored the conviction.
The Supreme Court held that the trial judge had not made any errors in his instructions to the jury or in his assessment of the evidence, and that the Court of Appeal had erred in setting aside the conviction. The Court emphasized the importance of deference to the trial judge’s assessment of the evidence and the credibility of witnesses, and held that the Court of Appeal had exceeded its proper role in overturning the conviction.
As a result, the Supreme Court restored Mr. Tessling’s conviction and sentence.
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