MONTREAL – Emma Czornobaj, the woman who pulled her car over to the side of the highway to save a group of ducks, has been granted permission to appeal her guilty verdict.
In the court documents obtained by Global News, the 25-year-old is asking the highest court in the province to overturn her four guilty verdicts and to acquit her.
The financial analyst was convicted last month of two counts each of dangerous driving causing death and criminal negligence causing death.
Czornobaj stopped her car on a highway for ducks in June 2010, causing two deaths.
The documents claim the judge in the case, Justice Eliane Perreault, made three errors in law.
The defence believes the jury was not properly instructed prior to its deliberations regarding her mental state – her level of criminal intent.
“That’s what the Court of Appeal has to review, the mental element,” says legal analyst Steven Slimovitch.
“Did she possess the mental element of the crime of criminal negligence? It comes back to [what] her lawyer said during the trial and he said this is a tragedy, but she’s not a criminal.”
Two online petitions were launched last week in support of the young woman.
Close to 15,000 people have signed one of the petitions.
Her sentencing date is set for September 19.
© Shaw Media, 2014