R. v. Kidson

R. v. Kidson

Accused rebutted the s.258(1)(a) presumption on the balance of probabilities; on the facts (engine off, vehicle in first gear, parking brake engaged, parked close to a building, stated intent to walk) the Crown failed to prove beyond a reasonable doubt that the vehicle posed a real risk of being set in motion or that a change of mind by the accused was sufficiently likely; therefore the accused was not in care or control and must be acquitted.

Citation
2007 NSPC 68
Parties
Crown: Her Majesty the Queen; Defendant: Kidson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 November 2007
Procedural Posture
Criminal / Trial Judgment (provincial Court)
Outcome
Not guilty on both counts (acquitted)
Legal Topics
Care or Control, Impaired Driving, Presumption of Care and Control (s.258(1)(a)), Risk of Change of Mind Assessment
Source Language
English
Criminal Law Road Traffic Offences Care or Control Impaired Driving Presumption of Care and Control (s.258(1)(a)) Risk of Change of Mind Assessment

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Parties

Her Majesty the Queen

Crown

Kidson

Defendant

Procedural Posture

Criminal / Trial Judgment (provincial Court)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused was in care or control of the vehicle at the relevant time after the s.258(1)(a) presumption was rebutted
  2. 2 Whether the risk that the accused might change his mind and drive while impaired is a relevant factor in assessing care or control

Ratio Decidendi

Accused rebutted the s.258(1)(a) presumption on the balance of probabilities; on the facts (engine off, vehicle in first gear, parking brake engaged, parked close to a building, stated intent to walk) the Crown failed to prove beyond a reasonable doubt that the vehicle posed a real risk of being set in motion or that a change of mind by the accused was sufficiently likely; therefore the accused was not in care or control and must be acquitted.

Court Disposition

Not guilty on both counts (acquitted)

Orders

  • Accused acquitted on both counts; charges dismissed