Appeal from dangerous driving causing death conviction. Speeding through a construction zone. Rear brakes of accused’s truck, trailer brakes, were not working well. Issue as to whether deficiencies in a vehicle’s condition which do not contribute to a collision are still appropriate considerations in assessing mens rea.
Held: Appeal dismissed.
“Hundal  1 SCR 867 does not say that vehicle condition is always relevant to mens rea. Nor does Delorey, 2010 NSCA 65 say it is never relevant. We are not satisfied that some of these deficiencies in the truck’s condition were relevant to mens rea (although they might have been relevant to the actus reus – see Roy  2 SCR 60 at para 40.” However, evidence as a whole satisfied the marked departure test.