Bonita Purtill's fate is now in the hands of 8-men and 4-women as she's tried for killing an infant boy, and seriously injuring his mother. The jury received comprehensive instructions from Justice Kelly Gorman, and they began their deliberations at 11AM. Purtill faces 6-charged in the Thanksgiving 2008 crash and the jury was instructed in how to proceed in deciding on each charge. In dealing with the counts relating to impaired driving causing the death of 4-month-old Alex Fleming and bodily harm suffered by Mary Rodrigues, the jury's main question is: Was Ms. Purtill's ability to operate a motor vehicle impaired? On the Criminal Negligence counts, it is defined as the reckless disregard for the lives and safety of others. It's more than just carelessness, it's a "substantial departure from what a reasonable person would do." And it can be that she was either aware of this recklessness, or, she simply gave no thought of what risk existed. Justice Gorman told the jury can find Purtill not guilty of Criminal Negligence, but guilty of a lesser charge of dangerous driving causing death and bodily harm. Or, they could find her not guilty of both. The final two counts that deal with refusing to provide a breath sample, one of them deals with the fact that a death or serious injury was caused by the crash. The question here is whether Purtill was aware the crash she caused had harmed or killed someone. The final issue the jury was instructed on was Purtill's defence, which is one of necessity. She claims she was being chased by her assaulting roommate. Defence by necessity is an excuse, a genuine emergency where instincts of self-preservation compels someone to break the law, and the law excuses that person. But the defence of necessity must meet three tests - 1. Was there imminent danger? 2. Was there no reasonable legal alternative? 3. Was the harm caused less serious than the harm Purtill was trying to avoid? Keep tuned to Heart FM, we'll have details on the verdict when it is reached.
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