Case information
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36260
Andelina Kristina Hecimovic v. Her Majesty the Queen
(British Columbia) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-11-30 | Transcript received, (80 pages) | |
| 2015-11-26 | Appeal closed | |
| 2015-11-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-11-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-11-13 |
Judgment on the appeal rendered, Abe Cro Mo Ka Wa Ga Br, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA041297, 2014 BCCA 483, dated December 12, 2014, was heard on November 13, 2015 and the Court on that day delivered the following judgment orally: [ABELLA J.] — The majority is of the view that the appeal should be dismissed substantially for the reasons of Willcock J.A. Justices Moldaver and Karakatsanis would allow the appeal substantially for the reasons of Tysoe J.A. Dismissed |
|
| 2015-11-13 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2015-11-13 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Andelina Kristina Hecimovic |
| 2015-11-13 |
Hearing of the appeal, 2015-11-13, Abe Cro Mo Ka Wa Ga Br Judgment rendered |
|
| 2015-11-09 | Correspondence received from, Fred Tischler dated 2015-11-09. Re: Correction to an inaccuracy in the Statement of fact. | Her Majesty the Queen |
| 2015-10-27 | Notice of appearance, Dimitri Kontou, Jeffrey Ray and Roger Thirkell will be present at the hearing. | Andelina Kristina Hecimovic |
| 2015-10-06 | Correspondence received from, (Letter Form), Fred Tischler re: request to change the Order Sough by the Respondent (with cc: to all parties) - sent to the Court 2015-10-13, (Electronic version filed on 2015-10-06) | Her Majesty the Queen |
| 2015-09-10 | Notice of hearing sent to parties | |
| 2015-08-24 |
Appeal hearing scheduled, 2015-11-13 Judgment rendered |
|
| 2015-05-28 | Appeal perfected for hearing | |
| 2015-05-27 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-05-27 | Respondent's book of authorities, (Book Form), Completed on: 2015-05-27 | Her Majesty the Queen |
| 2015-05-27 | Respondent's factum, (Book Form), Completed on: 2015-05-26 | Her Majesty the Queen |
| 2015-05-05 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2015-04-02 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2015-04-02) | Andelina Kristina Hecimovic |
| 2015-04-02 | Appellant's record, (Book Form), Vol. 1 to 3, Completed on: 2015-04-02, (Electronic version filed on 2015-04-02) | Andelina Kristina Hecimovic |
| 2015-04-02 | Appellant's book of authorities, (Book Form), Completed on: 2015-04-02, (Electronic version filed on 2015-04-02) | Andelina Kristina Hecimovic |
| 2015-04-02 | Appellant's factum, (Book Form), Completed on: 2015-04-02, (Electronic version filed on 2015-04-02) | Andelina Kristina Hecimovic |
| 2015-01-08 | Certificate (on limitations to public access) | Andelina Kristina Hecimovic |
| 2015-01-08 | Notice of appeal, (Letter Form), Completed on: 2015-01-08 | Andelina Kristina Hecimovic |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Hecimovic, Andelina Kristina | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Hecimovic, Andelina Kristina
Counsel
Jeffrey Ray
Roger Thirkell
1550 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 662-7244
FAX: (604) 687-3097
Email: dimitri.kon@gmail.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Criminal law - Dangerous driving causing death - Test for determining mens rea - Whether the trial judge applied the proper standard for mens rea to the offence of dangerous driving causing death.
The appellant was acquitted on two counts of dangerous driving causing death. The trial judge accepted the appellant’s testimony and rejected the Crown’s theory that she drove in a deliberately dangerous manner and tried to jump the line of traffic ahead of her in order to get to her boyfriend’s place faster. The trial judge found that the appellant’s failure to see certain road signs, her driving into an intersection on a red light, and her travelling in excess of the posted speed limit were not matters, on their own or when considered together, which constituted a marked departure from the norm. In the trial judge’s view, they were part of a momentary error. On appeal, the Crown argued that the trial judge erred by applying a subjective test for determining mens rea, rather than the required modified objective test. A majority of the Court of Appeal allowed the appeal and ordered a new trial. Tysoe J.A., dissenting, would have dismissed the appeal.
Lower court rulings
Court of Appeal for British Columbia (Vancouver)
CA041297, 2014 BCCA 483
see file
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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