R. v. McCook

Parties

Procedural Posture

Criminal / Trial Judgment (oral Reasons)

Legal Issues

1. 1 Whether the Crown proved beyond a reasonable doubt that the accused's ability to operate a motor vehicle was impaired by alcohol (s.253(1)(a)) and thereby caused bodily harm (s.255(2))
2. 2 Whether the accused's driving constituted dangerous driving as a marked departure from the standard of care (s.249(3)) under the modified objective test
3. 3 Whether the Crown proved criminal negligence causing bodily harm requiring wanton or reckless disregard (s.219, s.221)

Ratio Decidendi

The court found beyond a reasonable doubt that the accused consumed alcohol while driving and that any degree of impairment affected his ability to operate the vehicle causing bodily harm (conviction on s.255(2)); applying the modified objective test the accused's impairment, speed, and operation of an unsafe, modified vehicle amounted to a marked departure from the standard of care (conviction on s.249(3)); the Crown did not prove the higher mental element of wanton or reckless disregard required for criminal negligence (acquittal on s.221); breaches of recognizance were admitted and proven.

Court Disposition

Accused convicted on Counts 1, 2, 4 and 5; acquitted on Count 3.

Orders

• Convicted of Count 1 (impaired driving causing bodily harm, s.255(2)).
• Convicted of Count 2 (dangerous driving causing bodily harm, s.249(3)).