R. v. Berry

R. v. Berry

Count 1: The Crown proved beyond a reasonable doubt that Berry deliberately passed across a double solid line in adverse conditions, a marked departure from reasonable care, and the defence of mistake of fact was rejected; guilty of dangerous driving causing bodily harm. Count 2: The Crown failed to prove impairment beyond a reasonable doubt because the drinking pattern and time of last consumption were uncertain, the extrapolation was therefore unreliable and there were insufficient indicia of impairment; not guilty of impaired driving causing bodily harm.

Citation
2001 BCSC 454
Parties
Crown/prosecutor: Her Majesty the Queen; Accused/defendant: Simon James Berry
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 March 2001
Procedural Posture
Criminal Dangerous Driving Causing Bodily Harm; Impaired Driving / Trial Reasons for Judgment / Verdict
Outcome
Count 1: Guilty of dangerous driving causing bodily harm. Count 2: Not guilty of operating a motor vehicle while ability was impaired by alcohol causing bodily harm.
Legal Topics
Dangerous Driving Causing Bodily Harm, Impaired Driving, Mistake of Fact, Expert Blood Alcohol Extrapolation, Standard of Care/marked Departure
Source Language
English
Criminal Law Traffic Law Evidence Law Dangerous Driving Causing Bodily Harm Impaired Driving Mistake of Fact Expert Blood Alcohol Extrapolation Standard of Care/marked Departure

Case Brief

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Parties

Her Majesty the Queen

Crown/prosecutor

Simon James Berry

Accused/defendant

Procedural Posture

Criminal Dangerous Driving Causing Bodily Harm; Impaired Driving / Trial Reasons for Judgment / Verdict

Legal Issues

  1. 1 Whether the accused operated the vehicle in a manner dangerous to the public under s.249(3) Criminal Code
  2. 2 Whether the defence of mistake of fact applies to negate dangerous driving
  3. 3 Whether the Crown proved impairment by alcohol beyond a reasonable doubt under s.255(2) Criminal Code

Ratio Decidendi

Count 1: The Crown proved beyond a reasonable doubt that Berry deliberately passed across a double solid line in adverse conditions, a marked departure from reasonable care, and the defence of mistake of fact was rejected; guilty of dangerous driving causing bodily harm. Count 2: The Crown failed to prove impairment beyond a reasonable doubt because the drinking pattern and time of last consumption were uncertain, the extrapolation was therefore unreliable and there were insufficient indicia of impairment; not guilty of impaired driving causing bodily harm.

Court Disposition

Count 1: Guilty of dangerous driving causing bodily harm. Count 2: Not guilty of operating a motor vehicle while ability was impaired by alcohol causing bodily harm.

Orders

  • Conviction entered: dangerous driving causing bodily harm (Count 1)
  • Acquittal entered: operation while impaired causing bodily harm (Count 2)