R. v. Stevens

R. v. Stevens

Accused discharged on all counts because Crown did not adduce sufficient evidence that (1) the accused knew or was wilfully blind that the deceased's blood alcohol exceeded the legal limit (s.253(b)), (2) the accused had care or control of the vehicle (s.253(a)), and (3) the accused's omission to supervise was a significant contributing cause of the death required for criminal negligence (s.220); the evidence would require impermissible speculation to make those causal or knowledge inferences.

Citation
2006 NSPC 72
Parties
Crown: R.; Accused: Harry Wayne Stevens
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 November 2006
Procedural Posture
Criminal Preliminary Inquiry / Committal Hearing Under S.535 Et Seq.
Outcome
Accused discharged on all counts (no committal to trial)
Legal Topics
Criminal Negligence, Care or Control, Aiding and Abetting, Wilful Blindness, Preliminary Inquiry, Causation, Duty to Supervise
Source Language
English
Criminal Law Traffic Offences Evidence Criminal Negligence Care or Control Aiding and Abetting Wilful Blindness Preliminary Inquiry +2 more

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Parties

R.

Crown

Harry Wayne Stevens

Accused

Procedural Posture

Criminal Preliminary Inquiry / Committal Hearing Under S.535 Et Seq.

Legal Issues

  1. 1 Whether there was sufficient evidence to commit the accused on s.220 Criminal Code (criminal negligence causing death)
  2. 2 Whether there was sufficient evidence that the accused had care or control for s.253(a) impaired driving
  3. 3 Whether the accused aided or abetted operation over legal blood alcohol limit for s.253(b)

Ratio Decidendi

Accused discharged on all counts because Crown did not adduce sufficient evidence that (1) the accused knew or was wilfully blind that the deceased's blood alcohol exceeded the legal limit (s.253(b)), (2) the accused had care or control of the vehicle (s.253(a)), and (3) the accused's omission to supervise was a significant contributing cause of the death required for criminal negligence (s.220); the evidence would require impermissible speculation to make those causal or knowledge inferences.

Court Disposition

Accused discharged on all counts (no committal to trial)

Orders

  • Count 1 (s.220 Criminal Code) discharged
  • Count 2 (s.253(b) Criminal Code) discharged