Facts
The accused randomly swerved into oncoming traffic, hitting a vehicle head on and killing all 3 occupants in that vehicle. the accused’s vehicle had not suffered from mechanical failure. He was also not intoxicated. The accused does not know what happened, he said he might have fallen asleep or lost consciousness. The defendant (driver of the vehicle) is Justin Ronald Beatty. He was acquitted of three counts of murder at trial. That was reversed and a new trial was ordered by the British Columbia Court of Appeal. He went to the Supreme Court to have the acquittals restored.
Issues
The question that split the courts was whether this momentary act of negligence was sufficient