R. v. Huntley (W.M.), (1994) 131 N.S.R.(2d) 222 (ProvCt)

• Judge: Crowell, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: May 16, 1994
• Jurisdiction: Nova Scotia
• Citations: (1994), 131 N.S.R.(2d) 222 (ProvCt)

R. v. Huntley (W.M.) (1994), 131 N.S.R.(2d) 222 (ProvCt);

  371 A.P.R. 222

MLB headnote and full text

Her Majesty the Queen v. Wanda Marie Huntley

(Case No. 379928-379931)

Indexed As: R. v. Huntley (W.M.)

Nova Scotia Provincial Court

Crowell, P.C.J.

May 16, 1994.

Summary:

The accused was charged with impaired driving causing death and three offences of impaired driving causing bodily harm.

The Nova Scotia Provincial Court con­victed the accused.

Criminal Law - Topic 1362.1

Motor vehicles - Impaired driving - Impaired driving causing death or injury - The accused's vehicle was on the wrong side of the road when an accident occurred - She was charged with impaired driving causing death and impaired driving causing bodily harm - The defence claimed that the accused consumed about three ounces of alcohol 15 minutes before the accident - The Nova Scotia Provincial Court con­victed the accused, finding that her ability to drive was impaired by alcohol at the time of the accident and the alcohol con­sumption was a cause beyond de minimus of the faulty driving and resulting death and bodily harm.

Criminal Law - Topic 1362.1

Motor vehicles - Impaired driving - Impaired driving causing death or injury - The accused's vehicle was on the wrong side of the road when an accident occurred - She was charged with impaired driving causing death and impaired driving causing bodily harm - The defence suggested that the improper movements of the accused's vehicle could be considered as being con­sistent with fatigue, confusion, lighting or smoking a cigarette, or inattention, rather than impairment - The Nova Scotia Pro­vincial Court held that to give undue weight to such suggestions would result in inap­propriately applying the test applicable to a sober driver and the court would be engaging in conjecture not warranted on the evidence - See paragraphs 44 and 45.

Cases Noticed:

R. v. Smithers, [1978] 1 S.C.R. 506; 15 N.R. 287, refd to. [para. 12].

R. v. Larocque (1988), 5 M.V.R.(2d) 221 (Ont. C.A.), refd to. [para. 12].

R. v. Innocente et al. (1991), 108 N.S.R.(2d) 54; 294 A.P.R. 54 (T.D.), affd. (1992), 113 N.S.R.(2d) 256; 309 A.P.R. 256 (C.A.), refd to. [para. 24].

Counsel:

Jack Buntain, Q.C., for the prosecution;

Donald C. Murray, Q.C., for the defense.

This case was heard on May 16, 1994, at Kentville, Nova Scotia, before Crowell, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment orally on May 16, 1994.