R. v. Kienast, (1986) 88 A.R. 1 (ProvCt)

• Judge: Abbott, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: January 02, 1986
• Citations: (1986), 88 A.R. 1 (ProvCt)

R. v. Kienast (1986), 88 A.R. 1 (ProvCt)

MLB headnote and full text

R. v. Donald Kienast

(No. A89-7297F)

Indexed As: R. v. Kienast

Alberta Provincial Court

Abbott, P.C.J.

January 2, 1986.

Summary:

The accused was charged with dangerous driving contrary to s. 233 of the Criminal Code.

The Alberta Provincial Court convicted the accused.

Criminal Law - Topic 1391

Motor vehicles - Dangerous driving - What constitutes - The accused tractor-trailer driver rear-ended a car stopped at an intersection on a red light - The accused had not slept for over 24 hours and did not apply his brakes before the collision - There were two sets of warning lights located 200 and 400 metres before the intersection - There was evidence that the accused's vehicle was seen weaving before the collision - The accused either fell asleep at the wheel or inexplicably failed to see the lights - The Alberta Provincial Court held that in either case the accused was guilty of dangerous driving.

Cases Noticed:

R. v. Fotti (1978), 2 Man.R.(2d) 182; 1 M.V.R. 279, consd. [para. 9].

R. v. Verma (1980), 28 A.R. 233 (Q.B.), consd. [para. 13].

Konowalchuk v. Korpasho, 14 W.W.R.(N.S.) 385 (Man. Q.B.), refd to. [para. 15].

Girling v. Howden, [1949] 1 W.W.R. 95, refd to. [para. 37].

Kerr v. Cummings, [1953] S.C.R. 147, refd to. [para. 43].

R. v. Northam, 4 C.R.N.S. 26 (Alta. C.A.), refd to. [para. 102].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 233.

Counsel:

D. Sullivan, for the Crown;

P. Henderson, for the accused.

This case was heard before Abbott, P.C.J., of the Alberta Provincial Court, who delivered the following judgment orally on January 2, 1986: