R. v. Peyachew (B.J.), (2015) 466 Sask.R. 140 (PC)

• Judge: Baniak, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: January 20, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 466 Sask.R. 140 (PC);2015 SKPC 2

R. v. Peyachew (B.J.) (2015), 466 Sask.R. 140 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JA.046

Her Majesty the Queen v. Blair James Peyachew

J(Information No. 24481340; 2015 SKPC 2)

Indexed As: R. v. Peyachew (B.J.)

Saskatchewan Provincial Court

Baniak, P.C.J.

January 20, 2015.

Summary:

The accused was charged with having care and control of a motor vehicle while impaired and having care and control of a motor vehicle while his blood-alcohol content exceeded the legal limit.

The Saskatchewan Provincial Court found the accused not guilty.

Criminal Law - Topic 1368

Motor vehicles - Impaired driving - Care or control or operating - What constitutes - Peyachew and three others were in a vehicle being driven by Ballantyne - Peyachew was intoxicated and asleep in the back seat when a police officer pulled the vehicle over - Before the officer arrived at the vehicle, Ballantyne jumped into the back seat and Peyachew was pushed into the driver's seat - Peyachew was charged with, inter alia, having care and control of a motor vehicle while impaired - The Saskatchewan Provincial Court found him not guilty - Peyachew did not occupy the driver's seat for the purpose of setting the vehicle in motion - Nor did his presence in the driver's seat present a "realistic" risk of danger to person or property - Peyachew took constructive steps to avoid driving that night by giving the keys to a sober driver and sleeping in the back seat - He did not have a clear recollection as to how he got behind the wheel, and did not make a conscious decision to do so.

Cases Noticed:

R. v. Boudreault (D.) (2012), 436 N.R. 343; 350 D.L.R.(4th) 533; 2012 SCC 56, refd to. [para. 38].

R. v. Poncelet (G.D.) (2014), 433 Sask.R. 237; 602 W.A.C. 237; 112 W.C.B.(2d) 472; 2014 SKCA 30, refd to. [para. 38].

R. v. Andersen (P.) (2012), 399 Sask.R. 1; 552 W.A.C. 1; 30 M.V.R.(6th) 36; 2012 SKCA 37, refd to. [para. 49].

Counsel:

Cam Scott, for the Crown;

Pamela Cuelenaere, Q.C., for the accused.

This matter was heard at Prince Albert, Saskatchewan, before Baniak, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on January 20, 2015.