R. v. Butz, (1977) 6 A.R. 252 (DC)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 27, 1977
• Citations: (1977), 6 A.R. 252 (DC)

R. v. Butz (1977), 6 A.R. 252 (DC)

MLB headnote and full text

R. v. Butz

Indexed As: R. v. Butz

Alberta District Court

Holmes, D.C.J.

January 27, 1977.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1391

Motor vehicles - Dangerous driving - Criminal Code, s. 233 - What constitutes dangerous driving - The accused drove a motor vehicle at a high rate of speed at night while his ability to drive was impaired by alcohol - The accused's vehicle struck the rear of a vehicle which at the time was travelling at the rate of 50 miles per hour - The vehicle which was struck in the rear went off the road and upset in the ditch resulting in the death of a passenger - The Alberta District Court held that the accused was advertently negligent and was guilty of dangerous driving.

Criminal Law - Topic 4462

Verdicts - Included offences - Offences included in the offence of criminal negligence - The Alberta District Court held that the offence of dangerous driving (s. 233(4)) was included in the offence of criminal negligence (s. 203) - See paragraphs 34 and 35.

Criminal Law - Topic 5865

Sentence - Charge of dangerous driving - Adult male - The Alberta District Court imposed a sentence of a fine of $1,500.00 - See paragraph 35.

Counsel:

J.S. Webb, for the Crown;

J. Dziadyk, for the accused.

The judgment of the Alberta District Court was delivered orally by HOLMES, D.C.J., at Calgary, Alberta on January 27, 1977.