Ronald Webb v. Her Majesty the Queen, (2005) 281 N.B.R.(2d) 100 (TD)

• Jurisdiction: New Brunswick
• Judge: Grant, J.
• Neutral Citation: 2005 NBQB 121
• Citation: (2005), 281 N.B.R.(2d) 100 (TD),2005 NBQB 121,183 NBR (2d) 223,141 DLR (4th) 352,19 CPC (4th) 301,465 APR 223,465 A.P.R. 223,141 D.L.R. (4th) 352,(2005), 281 NBR(2d) 100 (TD),281 NBR(2d) 100,281 N.B.R.(2d) 100
• Date: 07 February 2005
• Court: Court of Queen's Bench of New Brunswick (Canada)

R. v. Webb (R.S.) (2005), 281 N.B.R.(2d) 100 (TD);

 281 R.N.-B.(2e) 100; 736 A.P.R. 100

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Temp. Cite: [2005] N.B.R.(2d) TBEd. AP.021

Renvoi temp.: [2005] N.B.R.(2d) TBEd. AP.021

Ronald Sterling Webb (appellant) v. Her Majesty the Queen (respondent)

(S/A/12/04; 2005 NBQB 121; 2005 NBBR 121)

Indexed As: R. v. Webb (R.S.)

Répertorié: R. v. Webb (R.S.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

Grant, J.

March 15, 2005.

Summary:

Résumé:

The accused appealed from his conviction for having care and control of a motor vehicle while having an excessive blood-alcohol level.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the appeal.

Criminal Law - Topic 1368

Motor vehicles - Impaired driving - Care or control or operating - What constitutes - The accused was having a disagreement with his wife and decided to leave the house - He had been drinking beer - He drove into a neighbour's field and got stuck in some water - The accused testified that over the next four hours he sat there watching his house and hoping that his wife would call his cell phone, at which time he intended to walk home - The accused fell asleep - When he awoke, he started the car to get warm and again fell asleep - The police found the accused asleep in the driver's seat - The vehicle was running, the headlights and brake lights were on and the car was in drive - The accused was convicted of having care and control of a motor vehicle while having an excessive blood-alcohol level - The accused appealed - He argued that the evidence established that he had a plan not to drive, which negated the presumption that he had care and control - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the appeal.

Droit criminel - Cote 1368

Infractions contre la personne et la réputation - Véhicules à moteur - Capacité de conduite affaiblie - Garde, contrôle ou conduite - Éléments constitutifs - [Voir Criminal Law - Topic 1368 ].

Cases Noticed:

R. v. Toews, [1985] 2 S.C.R. 119; 61 N.R. 349, refd to. [para. 17].

R. v. G.J.G. (2002), 254 N.B.R.(2d) 131; 664 A.P.R. 131; 2002 NBCA 99, refd to. [para. 19].

Counsel:

Joyce A. Richardson, appearing on behalf of the appellant;

John A. Henheffer, appearing on behalf of the respondent.

This appeal was heard on February 7, 2005, before Grant, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Saint John, who delivered the following decision on March 15, 2005.