Question juridique clé
Whether the accused breached his duty of care and caused negligent homicide by relying on the accompanying adult rather than taking additional precautions toward the child.
Solution extraite
He could not rely on the trust principle; he had to focus on the child as well, warn or further slow down, and his conduct was negligent.
Motifs extraits
Art. 26(2) SVG imposes special caution toward children even when accompanied, unless the child is effectively controlled, such as being held by the hand. Here the child was visibly intending to cross, did not watch traffic, and was partly concealed behind the companion. The driver therefore had to verify the situation and could not assume safe conduct.