R. v. Palamar, (1985) 39 Sask.R. 154 (QB)

JudgeMoore, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateApril 16, 1985
JurisdictionSaskatchewan
Citations(1985), 39 Sask.R. 154 (QB)

R. v. Palamar (1985), 39 Sask.R. 154 (QB)

MLB headnote and full text

R. v. Palamar

(No. 33 A.D. 1985)

Indexed As: R. v. Palamar

Saskatchewan Court of Queen's Bench

Judicial Centre of Swift Current

Moore, J.

April 16, 1985.

Summary:

The accused was charged with dangerous driving, contrary to s. 233(4) of the Criminal Code of Canada, and with having care or control of a motor vehicle while having an excessive blood-alcohol content, contrary to s. 236 of the Code.

The Saskatchewan Provincial Court, in a decision unreported in this series of reports, dismissed both charges. The Crown appealed.

The Saskatchewan Court of Queen's Bench allowed the appeal in part. The court convicted the accused of dangerous driving and remitted the matter for sentencing. The court affirmed the dismissal of the care or control charge.

Criminal Law - Topic 1368

Motor vehicles - Impaired driving - Care or control - What constitutes - The accused was found asleep in an impaired condition in the driver's seat of a vehicle which was parked at his place of work - The keys were in the ignition but the motor was not running - The accused testified that he had no intention to drive - The Saskatchewan Court of Queen's Bench held that the accused successfully rebutted the presumption in s. 237(1)(a) of the Criminal Code of Canada and affirmed the accused's acquittal - See paragraphs 10 to 13.

Criminal Law - Topic 1391

Motor vehicles - Dangerous driving - What constitutes - A driver deliberately made U-turns and "fishtailed" his vehicle on the main street of a small town in midafternoon, squealing his tires and making much noise - Dirt and gravel were flying and at one point the driver barely missed a parked vehicle - Several pedestrians, including children, were in the area - The Saskatchewan Court of Queen's Bench convicted the accused of dangerous driving - See paragraphs 2 to 9.

Cases Noticed:

R. v. Bear, [1979] 4 W.W.R. 740; 2 Sask.R. 178, consd. [para. 12].

Counsel:

T. Keene, for the Crown;

O. Rosowsky, for the accused.

This appeal was heard before Moore, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Swift Current, whose decision was delivered on April 16, 1985 at Swift Current, Saskatchewan.

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