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Get Help Now!Prepare a closing argument on behalf of the Crown or the defendant in this case. Your client will be assigned to you and posted on blackboard. You will present your closing argument in class on an assigned date. Students are to review both documents (Prosecution and Defence), regardless of who they represent. The trial is based on a careless driving charge under the HTA. The basic facts are straightforward. The defendant was operating a vehicle that collided with another vehicle from the rear. The defendant was driving up a hill and traffic beyond the crest of the hill would not have been visible to the defendant. The defendant accidentally dropped a lit cigarette on the carpet of the defendant’s vehicle. The defendant looked down and then up. When the defendant looked up, stopped traffic came into view. It was too late to stop. To determine the issue(s) and law you will need to review the relevant provisions of the Highway Traffic Act and relevant case law. The defence has called two witnesses, Amari Khan and Mischa Levine. A synopsis of their evidence follows:
Evidence of Amari Khan:
On December 18, 2020 at approximately 1:20 pm, Amari Khan, d.o.b. June 15, 1995 was driving his/her 1989 white Toyota Corolla motor vehicle bearing Ontario permit 4433BAC northbound in the curb lane on Morningside Avenue in Toronto. The vehicle was being driven uphill and approaching the crest of the hill at Military Trail. Amari states that he/she could not see far beyond the top of the hill but that the light was green at Military Trail. Amari was travelling at approximately the posted speed limit of 60 km/h. He/she was on the way to a part time job at a drug store located at Dufferin Street and Steeles Avenue West. Amari’s good friend, Mischa Levine, was in the passenger seat. Traffic was fairly light given that it was a Sunday and the time of day. T
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