R. v. Kewaquado
The Court held the trial judge correctly applied the legal tests for dangerous driving and impaired driving causing bodily harm, considered the totality of the evidence, did not improperly isolate speed, recognized that slight impairment can constitute the offence, and made findings of fact supported by the...
Source-derived case information.
- Citation
- C36017
- Parties
- Appellant: Her Majesty the Queen; Respondent: Samuel David James Kewaquado
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 4 June 2003
- Procedural Posture
- Criminal / Appeal From Acquittal
- Outcome
- Appeal dismissed; acquittal upheld.
- Legal Topics
- Dangerous Driving, Impaired Driving, Bodily Harm, Trial Judge Reasons, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Appellant
Samuel David James Kewaquado
Respondent
Procedural Posture
Criminal / Appeal From Acquittal
Legal Issues
- 1 Whether the trial judge misapplied the legal test for dangerous driving by isolating speed from other conduct
- 2 Whether the trial judge misapplied the legal test for impaired driving causing bodily harm and failed to recognize that slight impairment can constitute the offence
- 3 Whether the trial judge's findings of fact were unsupported by the evidence
Ratio Decidendi
The Court held the trial judge correctly applied the legal tests for dangerous driving and impaired driving causing bodily harm, considered the totality of the evidence, did not improperly isolate speed, recognized that slight impairment can constitute the offence, and made findings of fact supported by the evidence; therefore there was no error of law and the appeal was dismissed.
Court Disposition
Appeal dismissed; acquittal upheld.
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Kewaquado Collection Decisions of the Court of Appeal Date 2003-06-04 Docket numbers C36017 Judges Doherty, David H.; Rosenberg, Marc; Armstrong, Robert Patrick Subject Criminal Decision Content DATE: 20030604 DOCKET: C36017 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Appellant) - and - SAMUEL DAVID JAMES KEWAQUADO (Respondent) BEFORE: DOHERTY, ROSENBERG and ARMSTRONG JJ.A. COUNSEL: Ian W. Bulmer for the appellant Harry G. Black, Q.C. for the respondent HEARD: MAY 30, 2003 RELEASED ORALLY: MAY 30, 2003 On appeal from the acquittal by Justice Clair B. Marchand of the Superior Court of Justice dated February 20, 2001. ENDORSEMENT [1] We would not give effect to this Crown appeal. The trial judge properly directed himself with respect to the elements of dangerous driving and applied that legal test. He referred to all of the relevant evidence and expressly stated that he was considering the totality of the evidence. The reasons do not support the Crown's submission that the trial judge isolated or eliminated the speed from the other conduct. [2] As to the charge of impaired ability causing bodily harm, we are satisfied that the trial judge applied the proper legal test. He recognized that if the appellant's judgment was impaired by alcohol, this would be sufficient to make out the offence even if the manner of driving did not demonstrate impaired ability to drive. In the impugned passage of the trial judge's reasons, the judge was listing some of the constituent elements of driving, not purporting to set out the elements of the offence. We see no basis for holding that the trial judge did not recognize that even a slight impairment of ability was capable of constituting an offence. The trial judge carefully reviewed the evidence and made findings of fact that could be supported by that evidence. [3] Accordingly we see no error of law and the appeal must be dismissed. Signed: "Doherty J.A." "M. Rosenberg J.A." "Armstrong J.A."