R. v. Harrison (D.R.), (1994) 163 A.R. 301 (QB)

• Judge: Veit, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 12, 1994
• Citations: (1994), 163 A.R. 301 (QB)

R. v. Harrison (D.R.) (1994), 163 A.R. 301 (QB)

MLB headnote and full text

Her Majesty the Queen (respondent) v. Darryl Rodney Harrison (appellant)

(9403-0298-S4)

Indexed As: R. v. Harrison (D.R.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Veit, J.

December 19, 1994.

Summary:

The accused was convicted of having care and control of a motor vehicle while his ability to do so was impaired by alcohol. The accused appealed his conviction.

The Alberta Court of Queen's Bench dis­missed the appeal.

Criminal Law - Topic 1362

Motor vehicles - Impaired driving - Evi­dence and proof - The accused was charged with having care and control of a motor vehicle while his ability to do so was impaired by alcohol - The Alberta Court of Queen's Bench held that it was not necessary for the Crown to show that there was a marked departure from the normal - The court held that the Crown had to prove beyond a reasonable doubt that the accused was impaired to any degree by alcohol - See paragraph 19.

Criminal Law - Topic 1362

Motor vehicles - Impaired driving - Evi­dence and proof - The Alberta Court of Queen's Bench stated that a trial judge was entitled to take judicial notice of the obvi­ous effects of impairment by alcohol (effects on balance, speech, personality) - The Crown was required to call expert evidence on the covert effects (effects on judgment, vision, etc.) - The court stated that "the covert effects of alcohol, although fairly well known in our society, cannot be said to be so notorious that a court is entitled to take judicial notice of them" - See paragraph 18.

Criminal Law - Topic 1362

Motor vehicles - Impaired driving - Evi­dence and proof - The accused was found asleep in his car which was dangerously parked by the highway - The officer detected the smell of alcohol from the accused, his eyes were red and watery, his speech was slurred and his gait was unsteady - The accused was convicted of having care and control of a motor vehicle while his ability to do so was impaired by alcohol - The accused claimed that Crown failed to prove that the evidence was not inconsistent with any other explanation besides impairment - The Alberta Court of Queen's Bench held that there was ample evidence to make out the offence of care and control while impaired - See para­graph 20.

Criminal Law - Topic 1363

Motor vehicles - Impaired driving - Meaning of impairment "by alcohol or a drug" - [See first Criminal Law - Topic 1362 ].

Evidence - Topic 2290

Special modes of proof - Judicial notice - Human body - Effects of alcohol and drugs - [See second Criminal Law - Topic 1362 ].

Cases Noticed:

R. v. Stellato (T.) (1993), 61 O.A.C. 217; 18 C.R.(4th) 127; 78 C.C.C.(3d) 380 (C.A.), refd to. [para. 4].

R. v. Winlaw (1988), 13 M.V.R.(2d) 112 (Ont. Dist. Ct.), refd to. [para. 4].

R. v. Harper (1982), 40 N.R. 255; 65 C.C.C.(2d) 193 (S.C.C.), refd to. [para. 4].

R. v. MacDonald (1976), 9 N.R. 271; 29 C.C.C.(2d) 257 (S.C.C.), refd to. [para. 4].

R. v. McKenzie (1955), 111 C.C.C. 317 (Alta. Dist. Ct.), refd to. [para. 4].

R. v. Smith (K.M.) (1992), 131 A.R. 59; 25 W.A.C. 59; 13 C.R.(4th) 125 (C.A.), refd to. [para. 4].

R. v. Stellato (T.) (1994), 168 N.R. 190; 72 O.A.C. 140; 31 C.R.(4th) 60 (S.C.C.), consd. [paras. 4, 8].

R. v. Ponsford (1978), 10 A.R. 428; 41 C.C.C.(2d) 433 (C.A.), refd to. [para. 4].

R. v. Corbett (1973), 1 N.R. 258; 14 C.C.C.(2d) 385 (S.C.C.), refd to. [para. 4].

R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351; 36 C.C.C.(3d) 417, refd to. [para. 4].

R. v. R.W. (1992), 137 N.R. 214; 54 O.A.C. 164; 13 C.R.(4th) 257 (S.C.C.), refd to. [para. 4].

R. v. Einarson, [1994] A.J. No. 799 (Prov. Ct.), refd to. [paras. 4, 8].

R. v. Geerligs (R.J.) (1994), 159 A.R. 254 (Prov. Ct.), refd to. [paras. 4, 8].

R. v. Burns (R.H.), [1994] 1 S.C.R. 656; 165 N.R. 374; 42 B.C.A.C. 161; 67 W.A.C. 161, refd to. [para. 4].

Counsel:

M.F. Feehan, for the appellant;

G.E. Nickless, for the Crown.

This appeal was heard on December 12, 1994, by Veit, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision on December 19, 1994.