R. v. Cunningham (G.D.), (1983) 48 N.B.R.(2d) 360 (PC)

JudgeTaylor, P.C.J.
CourtProvincial Court of New Brunswick (Canada)
Case DateJanuary 10, 1983
JurisdictionNew Brunswick
Citations(1983), 48 N.B.R.(2d) 360 (PC)

R. v. Cunningham (G.D.) (1983), 48 N.B.R.(2d) 360 (PC);

    48 R.N.-B.(2e) 360; 126 A.P.R. 360

MLB headnote and full text

Sommaire et texte intégral

R. v. Cunningham

Indexed As: R. v. Cunningham (G.D.)

Répertorié: R. v. Cunningham (G.D.)

New Brunswick Provincial Court

Taylor, P.C.J.

January 10, 1983.



The accused was charged with driving a motor vehicle while his ability to do so was impaired by a drug contrary to s. 234 of the Criminal Code of Canada.

The New Brunswick Provincial Court acquitted the accused.

Criminal Law - Topic 1361

Motor vehicles - Impaired driving - Intention - The accused took two tranquilizers for a headache - The New Brunswick Provincial Court held that the accused did not have any reasonable ground for believing that the drug might cause him to be impaired - The court acquitted the accused of impaired driving under s. 234 of the Criminal Code of Canada, because the necessary mental element was lacking.

Cases Noticed:

R. v. McDowell (1980), 52 C.C.C.(2d) 298, refd to. [para. 3].


[None disclosed].

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