R. v. LeGrow

R. v. LeGrow

Because the accused was found in the driver’s seat with the engine running and within easy reach of controls, the s.258 presumption applied and the accused failed to rebut it on the balance of probabilities; the Crown proved beyond a reasonable doubt that the accused had care or control of the vehicle while impaired, and the accused is guilty.

Citation
2004 NSPC 5
Parties
Crown: Her Majesty the Queen; Accused: William J. LeGrow
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 January 2004
Procedural Posture
Criminal / Trial Decision Conviction
Outcome
Accused found guilty of having care or control of a motor vehicle while ability to operate was impaired by alcohol, contrary to s.253(a) Criminal Code.
Legal Topics
Care or Control, Impaired Driving, Presumption Under S.258, Rebuttal on Balance of Probabilities
Source Language
English
Criminal Law Road Traffic Law Evidence Care or Control Impaired Driving Presumption Under S.258 Rebuttal on Balance of Probabilities

Case Brief

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Parties

Her Majesty the Queen

Crown

William J. LeGrow

Accused

Procedural Posture

Criminal / Trial Decision Conviction

Legal Issues

  1. 1 Whether the accused had 'care or control' of the vehicle while impaired under s.253(a) Criminal Code
  2. 2 Whether the presumption in s.258(1)(a) applied and was rebutted on the balance of probabilities
  3. 3 Whether the accused was impaired by alcohol and/or drugs at the relevant time

Ratio Decidendi

Because the accused was found in the driver’s seat with the engine running and within easy reach of controls, the s.258 presumption applied and the accused failed to rebut it on the balance of probabilities; the Crown proved beyond a reasonable doubt that the accused had care or control of the vehicle while impaired, and the accused is guilty.

Court Disposition

Accused found guilty of having care or control of a motor vehicle while ability to operate was impaired by alcohol, contrary to s.253(a) Criminal Code.

Orders

  • Accused found guilty as charged.