R v Lafferty

canada, canadian, case law, court opinion, canlii, ntca, 2026nwtca3, 2026 nwtca 3 (canlii), 2026, nwtca, 3, (canlii), a-1-ap-2025-000007, 2026, criminal and statutory offences, appeal, dangerous driving causing death, conviction appeal challenging mens rea, self, defence, and burden of proof, actus reus largely undisputed, public at risk, trial judge’s analysis upheld by majority, dissent would allow appeal and order new trial, appeal dismissed, criminal and statutory offences, mens rea, dangerous driving, whether driving was a marked departure or intentionally dangerous, r v beatty, r v roy, modified objective assessment, accused accelerated and swerved to throw person from truck, subjective mens rea of intentionally creating danger sufficient, mens rea established, appeal dismissed, criminal and statutory offences, defences, self, defence, criminal code, s. 34(1)(a) and (c), whether belief in threat of force was reasonably grounded and response proportionate, r v khill applied to “accused’s actual belief”, driving pattern found not proportionate, self, defence rejected, appeal dismissed, procedure, appeals, standard of review, whether alleged errors in self, defence analysis disclose palpable and overriding error or error of law, deference to trial judge on mixed fact and law, reasonableness a matter of judgment, omission of express mention of s. 34(2)(e) held understandable on record, appellate intervention refused, appeal dismissed, evidence, burden of proof, credibility, whether failure to cite r v w(d) constitutes reviewable error, trial judge accepted much of accused’s evidence and referenced crown’s burden, no risk of credibility contest or conviction because accused disbelieved, burden of proof not misapplied, appeal dismissed