Emma Czornobaj appeals conviction

Emma Czornobaj is appealing her conviction on two charges of both criminal negligence causing death and dangerous driving causing death.

Appeal says judge erred while instructing the jury that found her guilty of criminal negligence causing death

Emma Czornobaj says her decision to stop her car on the highway to avoid hitting a group of ducks was "instinct" but a "mistake." (CBC)

Emma Czornobaj is appealing her conviction on two charges of both criminal negligence causing death and dangerous driving causing death.

Czornobaj was found guilty on all counts in June in connection with a 2010 incident that saw her stop her car in the passing lane of a South Shore highway to move a group of ducklings away from the road.

A motorcyclist and his daughter slammed into the back of Czornobaj’s stopped car and were killed.

Czornobaj and her lawyer are asking the Quebec Court of Appeal to overturn the jury’s decision.

The appeal claims that Judge Eliane Perreault erred in her instructions to the jury. It also calls the verdict unreasonable given the evidence presented in court.

Czornobaj, 25, says the verdict should be thrown out and she should be acquitted.

In an exclusive interview with CBC News last week, Czornobaj said she made a mistake and expressed remorse for the deaths of Andre Roy and his daughter Jessie.

"Of course, it was a mistake. But that's it. It was an accident," she said.

Czornobaj’s lawyer has argued that she shouldn’t serve jail time because there was no criminal intent.

Criminal negligence causing death carries a maximum sentence of life in prison while dangerous driving causing death carries a maximum sentence of 14 years.

Czornobaj’s sentencing hearing is scheduled to begin Aug. 8.

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