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Crown appeals not guilty verdict in crash that killed toddler

11-month-old baby killed in crash
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Crown prosecutors are appealing a not-guilty verdict in a tragic case where a driver struck and killed a toddler on a downtown Vancouver sidewalk.

Seyed Moshfeghi Sadeh was charged with dangerous driving causing death and dangerous driving causing bodily harm and acquitted after a judge-alone trial last month. The 2021 crash seriously injured Michael Hivva, who was walking on the sidewalk while holding his two-year-old daughter Ocean.

The central issue at the trial – where the Crown and defence agreed on most of the facts including that Moshfeghi Sadeh ran a red light – was intent, legally referred to as "mens rea."

The BCPS confirmed, in a statement, that the ground of appeal, as stated in its Notice of Appeal is that “the trial judge erred in law by misconstruing or misapplying the legal principles governing whether the required mens rea had been proven."

At trial, the court heard the light had already been red for approximately 20 seconds when he drove through the intersection at 47 km/h without touching his brakes until after he was broadsided by a McLaren sports car that had a green light.

The collision caused Moshfeghi Sadeh's SUV to roll up onto the sidewalk, striking the father and daughter.

The Crown argued that Moshfeghi Sadeh's conduct was criminal because he was driving in a manner that was a "marked departure" from the way a reasonable person would drive

Moshfeghi Sadeh's lawyer argued his client may have been inattentive and possibly negligent -- but not criminally negligent.

The judge echoed those remarks when she called the crash the result of a momentary lapse of attention that did not rise to the threshold of criminality.

“In every case where it is a departure but not a marked departure the courts have said it is civil negligence," Denhoff said before announcing the acquittal.

With files from CTV News Vancouver's Ben Miljure

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