R. v. Toth, (1981) 12 Man.R.(2d) 355 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: October 13, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 12 Man.R.(2d) 355 (CoCt)

R. v. Toth (1981), 12 Man.R.(2d) 355 (CoCt)

MLB headnote and full text

R. v. Toth

Indexed As: R. v. Toth

Manitoba County Court

Thompson, C.C.J.

October 13, 1981.

Summary:

An accused appealed his conviction on a charge of having care and control of a motor vehicle while his blood-alcohol content exceeded .08.

The Manitoba County Court allowed the appeal and quashed the accused's conviction.

Criminal Law - Topic 4456

Procedure - Verdicts - Included offences - Inclusion in driving under influence - An accused was convicted of having care and control of a motor vehicle while his blood-alcohol content exceeded .08, contrary to s. 236 of the Criminal Code - The Manitoba County Court, after quashing his conviction, held that the accused could not be convicted on a charge of driving a vehicle contrary to s. 236, because, while the offence of "care and control" was included in the offence of "driving", the offence of "driving" was not an included offence in the charge of "care and control" - See paragraphs 5 to 7.

Criminal Law - Topic 1369

Motor vehicle - Impaired driving - Care and control - General - The Manitoba County Court stated that the offences of having care and control, and of driving, a motor vehicle while blood-alcohol content exceeded .08, were separate and distinct offences - See paragraph 4.

Criminal Law - Topic 5020

Appeals - Indictable offences - Verdicts - Setting aside - Verdict unsupported by evidence - The Manitoba County Court set aside the conviction of an accused under s. 236 of the Criminal Code, where the verdict was reached at least partly on facts which were not in evidence - See paragraphs 2 to 3.

Cases Noticed:

R. v. Martens (1975), 37 C.R.N.S. 42, folld. [para. 6].

Counsel:

D. Melnyk, for the respondent;

V. Janicki, for the appellant.

This appeal was heard before THOMPSON, C.C.J., of the Manitoba County Court, whose decision was delivered on October 13, 1981: