R. v. Wengenmayr

R. v. Wengenmayr

Breathalyzer results, expert extrapolation and toxicology evidence established the accused's BAC at collision time (114–138 mg/100 ml) and therefore impairment; combined with eyewitness and reconstruction evidence showing an unobstructed view and that another driver stopped in time, the accused's impaired operation...

Source-derived case information.

Citation
2012 BCSC 1786
Parties
Crown: Regina; Accused: Cody Richard Wengenmayr
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 November 2012
Procedural Posture
Criminal Impaired Driving Causing Death and Bodily Harm / Trial Judgment (reasons for Judgment)
Outcome
Accused convicted on Counts 1–4 (impaired driving and over-80 offences causing bodily harm and death); Counts 5–6 conditionally stayed under the Kienapple principle; matter adjourned for sentencing.
Legal Topics
Impaired Driving, Over 80 Mg Blood Alcohol Offence, Causation, Dangerous Driving, Kienapple Principle
Source Language
english
Criminal Law Road Traffic Law Forensic Toxicology Accident Reconstruction Impaired Driving Over 80 Mg Blood Alcohol Offence Causation Dangerous Driving +1 more

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Parties

Regina

Crown

Cody Richard Wengenmayr

Accused

Procedural Posture

Criminal Impaired Driving Causing Death and Bodily Harm / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Was the accused impaired or over the 80 mg/100 ml limit at the time of collision?
  2. 2 If impaired or over the limit, did that impairment cause the collision (causation outside de minimis range)?

Ratio Decidendi

Breathalyzer results, expert extrapolation and toxicology evidence established the accused's BAC at collision time (114–138 mg/100 ml) and therefore impairment; combined with eyewitness and reconstruction evidence showing an unobstructed view and that another driver stopped in time, the accused's impaired operation was a significant contributing cause outside the de minimis range of the injuries and death; conviction on impaired-driving and over-80 causing bodily harm and death was required; overlapping dangerous-driving counts were stayed under Kienapple.

Court Disposition

Accused convicted on Counts 1–4 (impaired driving and over-80 offences causing bodily harm and death); Counts 5–6 conditionally stayed under the Kienapple principle; matter adjourned for sentencing.

Orders

  • Convicted of Counts 1–4: impaired driving and driving over 80 mg/100 ml causing bodily harm to Iris Alphonse and causing death of Trey Alphonse.
  • Counts 5 and 6 (dangerous driving causing bodily harm and causing death) are conditionally stayed under the Kienapple principle.