R. v. Cunningham (G.D.), (1983) 48 N.B.R.(2d) 360 (PC)
Judge | Taylor, P.C.J. |
Court | Provincial Court of New Brunswick (Canada) |
Case Date | January 10, 1983 |
Jurisdiction | New 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
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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.
Summary:
Résumé:
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].
Counsel:
[None disclosed].
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