R. v. Reid

R. v. Reid

The accused's driving was a marked departure endangering the public; although he was probably in a parasomnic state, the dangerous driving was caused by voluntary intoxication. Voluntary intoxication and the accused's knowledge of susceptibility to parasomnic episodes meant a reasonable person in his circumstances would have foreseen the risk, satisfying the modified objective mens rea; therefore guilty of dangerous driving causing bodily harm.

Citation
2001 BCSC 1538
Parties
Crown: Her Majesty the Queen; Accused: Aaron James Reid
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 November 2001
Procedural Posture
Criminal / Trial Judgment (conviction)
Outcome
Found guilty of three counts of dangerous driving causing bodily harm
Legal Topics
Dangerous Driving Causing Bodily Harm, Automatism (non Insane) / Sleepwalking, Voluntary Intoxication, Mens Rea Modified Objective Test, Actus Reus Voluntariness
Source Language
English
Criminal Law Road Traffic Offences Forensic Psychiatry Evidence Dangerous Driving Causing Bodily Harm Automatism (non Insane) / Sleepwalking Voluntary Intoxication Mens Rea Modified Objective Test +1 more

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Parties

Her Majesty the Queen

Crown

Aaron James Reid

Accused

Procedural Posture

Criminal / Trial Judgment (conviction)

Legal Issues

  1. 1 Was the manner of driving a marked departure from that of a reasonable driver and did it cause bodily harm?
  2. 2 Was the driving voluntary or the result of non-insane automatism (sleepwalking)?
  3. 3 If voluntary, did the accused have the necessary mens rea under the modified objective test?

Ratio Decidendi

The accused's driving was a marked departure endangering the public; although he was probably in a parasomnic state, the dangerous driving was caused by voluntary intoxication. Voluntary intoxication and the accused's knowledge of susceptibility to parasomnic episodes meant a reasonable person in his circumstances would have foreseen the risk, satisfying the modified objective mens rea; therefore guilty of dangerous driving causing bodily harm.

Court Disposition

Found guilty of three counts of dangerous driving causing bodily harm

Orders

  • Convicted on three counts of dangerous driving causing bodily harm