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

Judge:Abbott, P.C.J.
Court:Provincial Court (Alberta)
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.


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.


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:

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