Catherine Ryan

The accused was found asleep in a sleeping bag on the front seat of a parked truck with the ignition on and stereo playing.

He was legally impaired.

The Crown appealed his acquittal on the charge of having care or control of a motor vehicle while impaired.

The Supreme Court of Canada dismissed the appeal, holding that the accused was not in de facto control of the vehicle and had not performed any acts involving the use of the car or its fittings that would involve a risk of putting the vehicle in motion.

The accused was involved in a motor vehicle accident where he backed into the complainant's vehicle, caused damage, and drove away without leaving his name and address.

He was acquitted at trial, but the Crown appealed.

The Supreme Court of Canada held that the presumption of intent to escape civil and criminal liability under section 233(3) of the Criminal Code applies upon proof of any one of the three enumerated elements (failure to stop, failure to give name and address, or failure to offer assistance).

The Crown's appeal was allowed and the conviction was restored.