R. v. MacDonald

R. v. MacDonald

Given the accepted facts — accused parked earlier, occupied the driver's seat to keep warm, reclined the seat, placed vehicle in neutral and firmly engaged the handbrake on level ground — the Crown failed to prove beyond a reasonable doubt that there was a realistic risk of danger; the presumption of care or control was rebutted by evidence of a manifestly innocent purpose and effective immobilization of the vehicle, so acquittal was required.

Citation
2013 NSPC 18
Parties
Crown: Her Majesty the Queen; Defendant: Alexander Peter MacDonald
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 March 2013
Procedural Posture
Criminal / Trial Decision
Outcome
Not guilty on both counts; acquittals entered
Legal Topics
Care and Control, Realistic Risk, Presumption of Care or Control, Innocent Purpose Exception
Source Language
English
Criminal Law Impaired Driving Evidence Care and Control Realistic Risk Presumption of Care or Control Innocent Purpose Exception

Case Brief

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Parties

Her Majesty the Queen

Crown

Alexander Peter MacDonald

Defendant

Procedural Posture

Criminal / Trial Decision

Legal Issues

  1. 1 Whether the accused had 'care or control' of a motor vehicle under s.253(1) of the Criminal Code
  2. 2 Whether the accused's presence in the driver's seat created a realistic risk of danger to the public
  3. 3 Whether the accused had a valid innocent explanation for occupying the driver's seat that rebuts the presumption of care or control

Ratio Decidendi

Given the accepted facts — accused parked earlier, occupied the driver's seat to keep warm, reclined the seat, placed vehicle in neutral and firmly engaged the handbrake on level ground — the Crown failed to prove beyond a reasonable doubt that there was a realistic risk of danger; the presumption of care or control was rebutted by evidence of a manifestly innocent purpose and effective immobilization of the vehicle, so acquittal was required.

Court Disposition

Not guilty on both counts; acquittals entered

Orders

  • Accused acquitted on both counts of having care or control while impaired / over legal limit
  • Acquittals entered on the record