A driver who struck and critically injured a motorcyclist at Ogden Point three years ago is appealing his conviction for dangerous driving causing bodily harm.
On April 14, after a 10-day trial, B.C. Supreme Court Justice Jennifer Power convicted Eric Gosse of dangerous driving causing bodily harm to Ron Broda, a former Saanich police officer.
Broda’s motorcycle was struck by Gosse’s sport utility vehicle on July 24, 2013, as the motorcycle went around a speed bump on the roadway at Ogden Point. Broda suffered serious injuries, and his lower left leg was amputated.
In her judgment, Power found Gosse’s driving was aggressive, dangerous and deserved criminal punishment. The SUV was travelling at a minimum speed of 50 kilometres an hour, well beyond the posted speed of 30 km/h. Gosse failed to slow or brake for the motorcycle, which would have been in his view for several seconds, Power said.
On Tuesday, she sentenced Gosse, 59, to 60 days in jail and imposed a five-year driving prohibition.
Gosse was taken into custody. but was released almost immediately after his lawyer filed an application for bail and notice with the B.C. Court of Appeal.
Lawyer Peter Firestone asked the appeal court to set aside the guilty verdict and enter an acquittal, or to order a new trial.
In the three-page notice, Firestone says Power’s verdict was unreasonable and not supported by the evidence. He says Power erred in law in accepting that Gosse’s driving was a marked departure from the standard of care of a reasonable person in the circumstances.
Firestone also says Power erred in relying on the camera angle evidence and traffic reconstruction evidence of police officers. She specifically erred in concluding that Gosse would have had Broda in his view in the seconds leading up to the collision, he says. Power also erred in finding there was other traffic at Ogden Point that morning. The evidence was that it was bereft of traffic, he says.
Power erred in concluding the collision was not caused by a momentary lapse of attention, Firestone says, and in concluding that Odgen Point changed the speed advisory signs to 20 km/h from 30 km/h following the crash.
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