R. v. T.J.P., (2015) 483 Sask.R. 238 (PC)

• Judge: Kovatch, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: June 29, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 483 Sask.R. 238 (PC);2015 SKPC 97

R. v. T.J.P. (2015), 483 Sask.R. 238 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. SE.032

Her Majesty the Queen v. T.J.P.

(Information: 31803267; 2015 SKPC 97)

Indexed As: R. v. T.J.P.

Saskatchewan Provincial Court

Kovatch, P.C.J.

June 29, 2015.

Summary:

The 16 year old accused was charged with having care and control of a motor vehicle while impaired by alcohol or a drug.

The Saskatchewan Provincial Court found the accused guilty.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by ss. 110 and 111 of the Youth Criminal Justice Act and Maritime Law Book's editorial policy.

Criminal Law - Topic 1368

Motor vehicles - Impaired driving - Care or control or operation - What constitutes - The 16 year old accused was drinking - His friend (B.Z.) drove the accused's car - They picked up some other individuals and went to a party - They parked along the street - B.Z. had the car keys and the plan was that he would drive them home - At the party, the accused advised his friends that he was feeling ill and said "let's go" - B.Z. returned the keys to the accused and directed that he should go start the car and he would be along in awhile - The accused went to the car and started it as it was cold out - A police officer saw the accused sitting in the driver's seat and leaning part way out of the partially opened driver's door - The accused was sleeping and impaired - His feet were at the vehicle's pedals - There was vomit inside the vehicle's door area and on the accused's jacket - The engine was running and the running lights were on - Music from the vehicle was playing loudly - When speaking with the officer, the accused accidentally stepped on the accelerator causing the engine to rev - The Saskatchewan Provincial Court found the accused guilty of impaired care and control - Although the accused had rebutted the presumption that he was in care and control, the court was satisfied that he had de facto control - There was more than a realistic danger that he could have set the vehicle in motion creating a danger to life or property - The accused and B.Z.'s plan for B.Z. to drive changed when they put the keys back in the accused's hands and the accused in the vehicle with the motor running - There was more than a realistic danger that the plan would further change and the accused might decide to drive home - There was no evidence of the accused's friends returning to the vehicle - The realistic danger that the vehicle would be set in motion increased with the passage of time.

Counsel:

Rob Parker, for the Crown;

Merv Nidesh, Q.C., for the defence.

This matter was heard at Moose Jaw, Saskatchewan, by Kovatch, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on June 29, 2015.