R. v. Heisie (S.C.), [2015] A.R. TBEd. JL.133

• Judge: Pharo, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: July 06, 2015
• Citations: [2015] A.R. TBEd. JL.133;2015 ABPC 161

R. v. Heisie (S.C.), [2015] A.R. TBEd. JL.133

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Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. JL.133

Her Majesty the Queen v. Stanley Charles Heisie

(150233633P1; 2015 ABPC 161)

Indexed As: R. v. Heisie (S.C.)

Alberta Provincial Court

Pharo, P.C.J.

July 16, 2015.

Summary:

The RCMP received a civilian complaint about erratic driving by a green truck. The caller said that the truck was now parked in the driveway of a residence. When Constable Jarrett approached the truck, he noticed the accused asleep in the driver's seat. The truck radio was playing. Constable Jarrett knocked on the window, but the accused did not wake up. Constable Jarrett opened the car door and shook him. The accused woke up, but was confused about what time it was. There was an open beer in the console and an open case of beer on the passenger seat. Constable Jarrett testified that the accused had glazed eyes, liquor on his breath, and his speech was not clear. The keys were in the ignition of the truck, but the motor was not running. Constable Jarrett arrested the accused for care or control and took him to the police detachment for breath samples. The accused was charged with having care or control of a motor vehicle while his ability to drive was impaired by alcohol or while he had over .08 alcohol in his blood.

The Alberta Provincial Court found the accused not guilty of the charges. The accused rebutted the presumption in s. 258(1)(a) of the Criminal Code by calling evidence that showed on a balance of probabilities that he did not occupy the driver's seat for the purpose of putting the vehicle in motion. The Crown also had not proven beyond a reasonable doubt that there was a realistic risk of danger. The court stated that "Mr. Heisie was already home. ... Mr. Heisie was very tired, having traveled all night from the Dominican Republic, and said he had not slept in twenty four hours. He had already done his errands such as getting groceries and visiting his parents. It is unlikely he would want to do anything more than go to bed. He was in his own driveway, about twenty five feet from the street. He was in a residential area of the small community of Hillcrest in the Crowsnest Pass. The police officer verified that he was listening to music when he found him, which was the reason he said he was sitting in his truck. The engine of the truck was not running." The Crown had therefore had not proven beyond a reasonable doubt that the accused had care of control of the vehicle.

Criminal Law - Topic 1368

Offences against person and reputation - Motor vehicles - Impaired driving - Care or control or operating - What constitutes - See paragraphs 15 to 46.

Counsel:

C. Giles, for the Crown;

M. Khan, for the accused.

This matter was heard on July 6, 2015, before Pharo, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on July 16, 2015.