Accused did not intend to drive vehicle and only returned to car to warm himself

Criminal Law - Offences Against the Person and Reputation - Driving/Care or Control with Excessive Alcohol [Over 80]

Accused was found in driver’s seat of car with seatbelt on. Accused conceded that he was impaired and over 80, and was found in driver’s seat of his motor vehicle, so that only issue was care and control. Accused was charged and acquitted of impaired driving and driving over 80. Trial judge found that accused did not intend to drive vehicle, but had intended to walk home due to being inebriated and only returned to car to warm himself. Trial judge found that vehicle was in park and could not have been put in motion accidentally, and that possibility that accused would change his mind was remote. Crown appealed. Appeal dismissed. Trial judge was entitled to come to conclusion that he did on evidence before him, and there was no reviewable error. Trial judge correctly stated law and knew test that had to be met was possibility that accused would set car in motion.

R. v. Goncalves (2019), 2019 CarswellOnt 4673, 2019 ONSC 1980, Molloy J. (Ont. S.C.J.); affirmed (2018), 2018 CarswellOnt 13859, 2018 ONCJ 570, Richard Blouin J. (Ont. C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Criminal Lawyers’ Association filling mentor-gap with new online educational series

OBA's taxation law section names first female chairperson, Angela Salvatore

COVID-19 Economic Recovery Act to amend Justices of the Peace Act and Provincial Offences Act

OHRC tells Sudbury landlords they cannot discriminate based on receipt of public assistance

Windsor’s new associate dean to advance Indigenous law in legal education

Ontario and Superior Courts of Justice embark on first phase of reopening

Most Read Articles

Canadian Constitution Foundation suggests amendments to mandatory mask order in Ontario

Windsor’s new associate dean to advance Indigenous law in legal education

Ontario and Superior Courts of Justice embark on first phase of reopening

Patricia Kosseim shares her priorities as the new information and privacy commissioner