R. v. Linegar, (1977) 13 Nfld. & P.E.I.R. 311 (NFPC)

• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: February 28, 1977
• Jurisdiction: Newfoundland and Labrador
• Citations: (1977), 13 Nfld. & P.E.I.R. 311 (NFPC)

R. v. Linegar (1977), 13 Nfld. & P.E.I.R. 311 (NFPC);

    29 A.P.R. 311

MLB headnote and full text

R. v. Linegar

Indexed As: R. v. Linegar

Newfoundland Provincial Court

Scott, Magistrate

February 28, 1977.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1367

Motor vehicles - Impaired driving - Care and control - Meaning of - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 236(1) - The accused was found impaired by the police trying to jack up the rear of his motor vehicle which was stuck in a ditch - The car doors were locked and the accused had the keys in his possession - The Newfoundland Provincial Court convicted the accused of having care and control of his motor vehicle while impaired - The Provincial Court stated that the test of culpable care and control was the existence of the potential danger of an intoxicated or impaired person who might at any moment voluntarily or otherwise put the car in motion.

Cases Noticed:

R. v. Rupolo, [1971] 2 C.C.C. 327, folld. [para. 5].

Leach v. Evans, [1952] 2 All E.R. 264, folld. [para. 8].

R. v. Rye (1958), 119 C.C.C. 370 (Alta. C.A.), folld. [para. 13].

Sampson (1973), 11 C.C.C. 14, refd to. [para. 15].

R. v. Brownlee (1958-59), 1 Crim. L.Q. 371, refd to. [para. 18].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 236(1) [para. 4].

Authors and Works Noticed:

Chitty, R. M. W., Drunk Driving and Mens Rea (1958-59), 1 C.R.L.Q. 200. [para. 13].

McLeod and Takach, Breathalyzer Law In Canada, pp. 35-42 [para. 12].

Counsel:

[None disclosed].

This case was heard on February 28, 1977, at St. John's, Newfoundland, before SCOTT, Mag., of the Newfoundland Provincial Court.

On February 28, 1977, SCOTT, Mag., orally delivered the following judgment: