New trial ordered for man in deadly Vancouver crash that killed toddler
The Supreme Court of Canada has ordered a new trial for the man behind the wheel in a crash that killed a toddler and badly injured her father.
The Supreme Court of Canada has ordered a new trial for Seyed Moshfeghi Zadeh, the man charged with causing the death of a toddler and serious injury to her father in a 2021 crash. Zadeh was originally acquitted in 2024 of dangerous driving causing death and dangerous driving causing bodily harm following a trial in which he was found not to have been driving recklessly.
The incident occurred when Zadeh ran a red light at the intersection of Smithe and Hornby, colliding with a sports car and causing Ocean, a 23-month-old child, to be struck on the sidewalk by her father's vehicle. The original trial heard that the red light had been red for approximately 20 seconds and that Zadeh failed to apply the brakes, but the judge deemed his lapse in attention not significant enough to warrant a conviction.
However, the Supreme Court has now ruled that the trial judge placed too much emphasis on the brief lapse in attention, stating that momentary inattention in driving can still be considered dangerous driving when considering the full picture, including the busy downtown setting and visible red lights. The court unanimously agreed that Denhoff should have taken this into account.
Four judges dissented, asserting that Denhoff had fairly considered the evidence and would have upheld the acquittals. The Crown sought to have the convictions reinstated but now the case will proceed to a new trial before a different judge.
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