R. v. Benoit

R. v. Benoit

Defendant guilty of having care or control contrary to s.253(b) because he exercised care or control of the company pickup within two hours of the first breath sample, there was a real risk that he would set the vehicle in motion, and the s.258(1)(c) presumption applies to the Datamaster readings showing BAC over 80 mg/100mL; not guilty on s.253(a) for impairment.

Citation
2011 NSPC 111
Parties
Crown: Her Majesty the Queen; Defendant: Charles Alexander Benoit
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 July 2011
Procedural Posture
Criminal Impaired Driving / Trial Decision (provincial Court)
Outcome
Guilty on count under s.253(b) (care or control); Not guilty on count under s.253(a) (impairment)
Legal Topics
Care or Control, Section 253(b), Section 253(a), Section 258(1)(c) Presumption, Breath Analysis, Mens Rea, Actus Reus
Source Language
English
Criminal Law Impaired Driving Evidence Care or Control Section 253(b) Section 253(a) Section 258(1)(c) Presumption Breath Analysis +2 more

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Parties

Her Majesty the Queen

Crown

Charles Alexander Benoit

Defendant

Procedural Posture

Criminal Impaired Driving / Trial Decision (provincial Court)

Legal Issues

  1. 1 Whether the Crown proved care or control under s.253(b)
  2. 2 Whether the presumption in s.258(1)(c) applies (first breath sample within two hours)
  3. 3 Whether the Crown proved impairment for s.253(a)

Ratio Decidendi

Defendant guilty of having care or control contrary to s.253(b) because he exercised care or control of the company pickup within two hours of the first breath sample, there was a real risk that he would set the vehicle in motion, and the s.258(1)(c) presumption applies to the Datamaster readings showing BAC over 80 mg/100mL; not guilty on s.253(a) for impairment.

Court Disposition

Guilty on count under s.253(b) (care or control); Not guilty on count under s.253(a) (impairment)

Orders

  • Defendant found guilty of having care or control of a motor vehicle while blood alcohol exceeded 80 mg/100mL contrary to s.253(b) of the Criminal Code
  • Defendant acquitted on the charge of operating a motor vehicle while impaired contrary to s.253(a) of the Criminal Code