R. v. Phillips

R. v. Phillips

Court found Crown proved accused had actual or de facto care or control and was impaired/BAC exceeded legal limit, but Crown failed to prove beyond reasonable doubt that those circumstances created a realistic risk of danger because a credible, concrete alternate plan was in place and implemented; acquittal required.

Citation
2017 NSPC 24
Parties
Crown: Her Majesty the Queen; Accused: Alexander Phillips
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 March 2017
Procedural Posture
Criminal Impaired Driving (care or Control) / Summary Conviction Trial Judgment (reserved Decision)
Outcome
Not guilty; accused acquitted of both charges under section 253(1)(a) and 253(1)(b) of the Criminal Code.
Legal Topics
Impaired Driving, Care or Control, Statutory Presumption, Realistic Risk of Danger, Alternate Plan Rebuttal
Source Language
English
Criminal Law Impaired Driving Care or Control Statutory Presumption Realistic Risk of Danger Alternate Plan Rebuttal

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Parties

Her Majesty the Queen

Crown

Alexander Phillips

Accused

Procedural Posture

Criminal Impaired Driving (care or Control) / Summary Conviction Trial Judgment (reserved Decision)

Legal Issues

  1. 1 Whether the Crown proved an intentional course of conduct associated with the vehicle
  2. 2 Whether the accused's ability to drive was impaired or blood alcohol exceeded legal limit
  3. 3 Whether the circumstances created a realistic risk of danger to persons or property

Ratio Decidendi

Court found Crown proved accused had actual or de facto care or control and was impaired/BAC exceeded legal limit, but Crown failed to prove beyond reasonable doubt that those circumstances created a realistic risk of danger because a credible, concrete alternate plan was in place and implemented; acquittal required.

Court Disposition

Not guilty; accused acquitted of both charges under section 253(1)(a) and 253(1)(b) of the Criminal Code.

Orders

  • Accused found not guilty and acquitted of both charges.