R. v. Sanford (T.A.), (1993) 120 N.S.R.(2d) 367 (ProvCt)

• Judge: Batiot, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: January 25, 1993
• Jurisdiction: Nova Scotia
• Citations: (1993), 120 N.S.R.(2d) 367 (ProvCt)

R. v. Sanford (T.A.) (1993), 120 N.S.R.(2d) 367 (ProvCt);

  332 A.P.R. 367

MLB headnote and full text

Her Majesty The Queen v. Tony A. Sanford

Indexed As: R. v. Sanford (T.A.)

Nova Scotia Provincial Court

Batiot, P.C.J.

January 25, 1993.

Summary:

A police constable found the accused, smelling of alcohol, in the driver's seat of a parked car with the keys in or very next to his right hand. The accused was charged with impaired driving, contrary to s. 253(a) of the Criminal Code, having care or control of a motor vehicle while he had an excessive blood-alcohol level, contrary to s. 253(b) of the Code, and operating a motor vehicle while he was disqualified from doing so, contrary to s. 259(4)(b) of the Code.

The Nova Scotia Provincial Court dis­missed the charge under s. 253(a), convicted the accused of the charge under s. 253(b) and acquitted the accused of the charge under s. 259(4)(b).

Criminal Law - Topic 1368

Motor vehicles - Impaired driving - Care or control - What constitutes - A police constable found the accused, smelling of alcohol, in the driver's seat of a parked car with the keys in his hand or very next to his right hand - The accused was charged with having care or control of a motor vehicle while he had an excessive blood- alcohol level - The accused argued that he was getting a package of cigarettes from the car and had no intention of driving - The Nova Scotia Provincial Court con­victed the accused, holding that the accused did not rebut the presumption that he had care and control of the vehicle, where he was in the driver's seat with the means of controlling it or setting it in motion.

Criminal Law - Topic 1390

Motor vehicles - Driving while disqual­ified - Elements of offence - A police constable found the accused in the driver's seat of a parked car with the keys in his hand or very next to his right hand - The accused was charged with operating a motor vehicle while he was disqualified from doing so - The accused argued that he was getting a package of cigarettes from the car and that he had no intention of driving - The Nova Scotia Provincial Court acquitted the accused, where there was no evidence that the accused either drove the motor vehicle or operated any of its equipment which could have rendered it mobile.

Cases Noticed:

R. v. Appleby, [1972] S.C.R. 303; 3 C.C.C.(2d) 354, refd to. [para. 6].

R. v. Toews, [1985] 2 S.C.R. 119; 61 N.R. 349; 47 C.R.(3d) 213; 21 C.C.C.(3d) 24, refd to. [para. 11].

R. v. Ford, [1982] 1 S.C.R. 231; 40 N.R. 451; 36 Nfld. & P.E.I.R. 254; 101 A.P.R. 254; 65 C.C.C.(2d) 392; 13 M.V.R. 237, refd to. [para. 12].

R. v. MacMillan (1989), 18 M.V.R.(2d) 192 (Alta. C.A.), refd to. [para. 16].

R. v. Hudson (1988), 23 M.V.R.(2d) 286 (Alta. Q.B.), refd to. [para. 16].

R. v. Moffat (1988), 31 O.A.C. 144; 9 M.V.R.(2d) 237 (C.A.), refd to. [para. 16].

R. v. Hendricks (1988), 69 Sask.R. 248; 9 M.V.R.(2d) 62 (Q.B.), refd to. [para. 16].

R. v. Hilton (1990), 71 Man.R.(2d) 210; 26 M.V.R.(2d) 238 (Q.B.), refd to. [para. 16].

R. v. Diotte (1991), 115 N.B.R.(2d) 195; 291 A.P.R. 195; 28 M.V.R.(2d) 177 (C.A.), refd to. [para. 16].

R. v. Jackson (1991), 32 M.V.R.(2d) 242 (P.E.I.S.C.), refd to. [para. 16].

R. v. Drakes (1991), 69 C.C.C.(3d) 274 (Que. C.A.), refd to. [para. 17].

R. v. McNally (1989), 89 N.S.R.(2d) 420; 227 A.P.R. 420 (C.A.), refd to. [para. 17].

R. v. Blair (1988), 82 N.S.R.(2d) 76; 207 A.P.R. 76 (C.A.), refd to. [para. 17].

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276; 56 C.R.(3d) 193; [1987] 3 W.W.R. 699; 38 D.L.R.(4th) 508; 33 C.C.C.(3d) 1; 28 C.R.R. 122; 13 B.C.L.R.(2d) 1, refd to. [para. 24].

R. v. Thomsen, [1981] 1 S.C.R. 640; 84 N.R. 347; 27 O.A.C. 85; 63 C.R.(3d) 1; 40 C.C.C.(3d) 411; 4 M.V.R.(2d) 185; 32 C.R.R. 257, refd to. [para. 24].

R. v. Stevenot (1991), 33 M.V.R.(2d) 297 (B.C.C.A.), refd to. [para. 25].

R. v. Pitcher (1988), 70 Nfld. & P.E.I.R. 96; 215 A.P.R. 96; 6 M.V.R.(2d) 51 (Nfld. C.A.), refd to. [para. 25].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 214(a) [para. 23]; sect. 253(a) [para. 2]; sect. 253(b), sect. 258(1)(a) [para. 1]; sect. 259(4)(b) [para. 21].

Authors and Works Noticed:

Collins Robert French-English English-French Dictionary (2nd Ed. 1987), p. 470 [para. 24].

Shorter Oxford English Dictionary [para. 23].

Counsel:

William N. Fergusson, Q.C., for the Crown;

James A.D. Armour, Q.C., for the defence.

This case was heard on January 25, 1993, before Batiot, P.C.J., of the Nova Scotia Provincial Court, who delivered the follow­ing judgment.