Exceptions to the general rule requiring conduct Midterm 1

Being in possession of housebreaking instrument under section 351 (I) of the CCC (Goal of the law is crime prevention)Being in care or control of a motor vehicle while impaired or “above 80” (80 per 100ml, roadside sobriety test)

True

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<p>False</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>To protect</p> Signup and view all the answers

<p>“ accused was found to be in the condition of having care or control of a vehicle while his or her ability to drive was impaired or while his or her blood level was above the prescribed level (“above 80”)</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>It is an issue of fact (based on the evidence)... “any degree of impairment ranging from slight to great” (alberta court of appeal)Not general ability but ability to drive is impaired</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>using vehicles fittings and equipment</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>Drove to bar w friend and parked and walked a while to the bar, when leaving could not find friend, went to truck cuz it was cold,he normally took a cab home but this time went into the truck and put key in ignition for stereo and he got into the sleeping bag, popo passed by and notice the stereo blasting, popo knocks on door and has to knock a lot for him to wake up , popo eventually did some tests and proved he was impaired, trial judge decision: found guilty (went to court of appeal and they found him not guilty)</p> Signup and view all the answers

<p>Party had few beers, get in car feeling fine, started to drive pulls over cuz he realized he was drunk turns off car and falls asleep, admits he had beers and did not feel well so he pulled over he was found guilty (easy to start back up car and drive → realistic risk, using vehicles fittings and equipment)</p> Signup and view all the answers

<p>Fell asleep with his foot “hard on gas pedal”, gear lever was in the “park position”; Sits in drivers seat, turns on the car for heat, foot on gas pedal → fell asleep, Crown has to prove he was impaired and in control and care of vehicleTrial judge decision… not guiltyCourt of Appeal:... guiltySignificant use of the vehicle’s ‘fittings and equipment’ (Toews) ; enhanced risk that the vehicle could be set in motion; or if he awoke, he might intentionally set the vehicle in motion</p> Signup and view all the answers

<p>Bar →. Cab was called for him based on request, went outside to look for his cab was not there, called again no cab, sat in bar to wait, was asked by bartender to leave as bar was closing → waited for cab for 20 mins, decides to go to his car, driver seat, turns it on for warmth and falls asleep, emergency brakes were on, cab driver arrives after (god knows how long) drives around sees the man in the car and calls popoTrial judge decision… not guilty (crown cannot prove he had the intention to drive) (he got into the car after waiting 20 mins cuz he was cold)Acquitted based on the fact that he would not put his vehicle in motion (he had no intention of driving his vehicle) (he was using the cars fitting and equipment, did not pose a realistic risk, no)*location is key</p> Signup and view all the answers

<p>‘An intentional course of conduct associated with a vehicle; (why did you get in the car in the first place?) By a person whose ability to drive is impaired or whose blood alcohol level exceeds the legal limit; in circumstances that create a realistic risk as opposed to a remote possibility of danger to person or property”</p> Signup and view all the answers

<p>Furthermore, did the accused arrange an ‘alternate plan’ to ensure his safe transportation home? Assessment of risk is dependent on the plan: first, whether the plan itself was objectively concrete and reliable and second, whether it was in fact implemented by the accused</p> Signup and view all the answers

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<p>yes</p> Signup and view all the answers

<p>True</p> Signup and view all the answers