R. v. Abel (A.D.), 1999 ABCA 74

• Judge: Irving, O'Leary and Sulatycky, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: March 02, 1999
• Citations: 1999 ABCA 74;(1999), 232 A.R. 186 (CA)

R. v. Abel (A.D.) (1999), 232 A.R. 186 (CA);

   195 W.A.C. 186

MLB headnote and full text

Temp. Cite: [1999] A.R. TBEd. MR.017

Her Majesty The Queen (respondent) v. Amber Donna Abel (appellant)

(98-17809; 1999 ABCA 74)

Indexed As: R. v. Abel (A.D.)

Alberta Court of Appeal

Irving, O'Leary and Sulatycky, JJ.A.

March 2, 1999.

Summary:

The accused was convicted of several driving offences stemming from a fatal motor vehicle accident, namely: (i) causing death by criminal negligence in the operation of a motor vehicle, (ii) impaired driving causing death, (iii) impaired driving, and (iv) operating a motor vehicle with an excessive blood/alcohol ratio. A conviction was entered on the count of criminal negligence and conditional stays were entered on the other counts. The accused appealed the verdicts, claiming that she lacked the necessary mens rea.

The Alberta Court of Appeal dismissed the appeal.

Criminal Law - Topic 1361

Motor vehicles - Impaired driving - Intention - The accused was convicted of driving offences following a fatal accident - The accused claimed that she lacked mens rea because of anterograde amnesia (i.e., a blackout) - This was an unforeseen consequence of her withdrawal from anti-depression medication which made her hypersensitive to alcohol causing her to develop amnesia after only two drinks - Thereafter she could not recall how much alcohol she consumed - She therefore did not voluntarily consume enough alcohol to cause impairment - She argued that her intoxication was involuntary and she was not criminally responsible for its consequences - The Alberta Court of Appeal affirmed that the accused possessed the required mens rea before the onset of amnesia (i.e., when she had her first two drinks and decided to continue drinking).

Cases Noticed:

R. v. King (1962), 133 C.C.C. 1 (S.C.C.), refd to. [para. 6].

Counsel:

E.L. Greenspan, Q.C., and A. Wheeler, for the appellant;

J.B. Hawkes, for the respondent.

This appeal was heard before Irving, O'Leary and Sulatycky, JJ.A., of the Alberta Court of Appeal. The following memorandum of judgment was delivered by the court on March 2, 1999.