Wrongly Convicted Database Record
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Charge: |
Driving Related |
Sentence: |
12 month conditional sentence |
Years Imprisoned: |
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Year Crime: |
2004 |
Year Convicted: |
2006 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
Canada |
County or Region of Crime: |
British Columbia |
City of Crime: |
Kamloops |
Result: |
Judicially Exonerated |
Summary of Case: |
"Randy Leigh Roy was wrongly convicted in 2006 in Kamloops, British Columbia of dangerous driving causing death related to a collision between his motor home and a tractor-trailer in November 2004. The crash occurred on a foggy highway and killed his passenger. After his conviction he was given a 12 month conditional sentence. The Court of Appeals dismissed his appeal, but Canada's Supreme Court granted him leave to appeal. On June 1, 2012 the Supreme Court set aside Roy's conviction and ordered his acquittal. The Court ruled, "The record here discloses a single and momentary error in judgment with tragic consequences. It does not support a reasonable inference that the appellant displayed a marked departure from the standard of care expected of a reasonable person in the same circumstances so as to justify conviction for the serious criminal offence of dangerous driving causing death." Consequently, the Court ordered Roy's acquittal instead of a remanding his case for a retrial. See, R. v. Roy, 2012 SCC 26 (June 1, 2012)." |
Conviction Caused By: |
The trial judge erroneously ruled as to what constitutes the essential elements of dangerous driving that the prosecution had to prove. |
Innocence Proved By: |
"On June 1, 2012 Canada's Supreme Court set aside Roy's conviction and ordered his acquittal." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"R. v. Roy, 2012 SCC 26 (June 1, 2012)" |
Information Location 1: |
http://scc.lexum.org/en/2012/2012scc26/2012scc26.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org