R. v. Erhardt (C.L.), (2000) 190 Sask.R. 308 (ProvCt)

• Judge: Bekolay, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: January 14, 2000
• Jurisdiction: Saskatchewan
• Citations: (2000), 190 Sask.R. 308 (ProvCt)

R. v. Erhardt (C.L.) (2000), 190 Sask.R. 308 (ProvCt)

MLB headnote and full text

Temp. Cite: [2000] Sask.R. TBEd. FE.020

Her Majesty the Queen v. Craig Leonard Erhardt

(Information No. 43743189)

Indexed As: R. v. Erhardt (C.L.)

Saskatchewan Provincial Court

Prince Albert

Bekolay, P.C.J.

January 14, 2000.

Summary:

The accused was charged with operating a motor vehicle in a manner dangerous to the public, contrary to s. 249(1)(a) of the Crimi­nal Code.

The Saskatchewan Provincial Court found the accused not guilty.

Criminal Law - Topic 1391

Motor vehicles - Dangerous driving - What constitutes - Erhardt and his girl­friend got into an argument outside a bar - They went to his car - She got in the back seat, and they continued arguing as he drove away - While the car was mov­ing, she grabbed Erhardt by the hair and pulled his head back - He lost control and collided with a truck occupied by three men - The men sur­rounded his car and someone smashed in the rear window - Erhardt out of fear "gunned it" and drove away, strik­ing the open door of the truck as he left the scene - He was charged with operating a motor vehicle in a manner dangerous to the pub­lic, contrary to s. 249(1)(a) of the Criminal Code - The Saskatchewan Provin­cial Court found the accused not guilty - See para­graphs 8 to 9.

Cases Noticed:

R. v. D.F. (1989), 100 A.R. 122; 52 C.C.C.(3d) 357 (C.A.), refd to. [para. 8].

R. v. Palamar (1985), 35 M.V.R. 275 (Sask. C.A.), refd to. [para. 8].

Counsel:

P. Hryhorchuk, for the Crown;

D. Winsor, for the defence.

This matter was heard by Bekolay, P.C.J., of the Saskatchewan Provincial Court, Prince Albert, who delivered the following decision on January 14, 2000.