The Crown appealed the accused's acquittal on charges of impaired driving and operating a motor vehicle with a blood alcohol concentration over the legal limit.
At trial, the accused successfully raised the defence of non-mental disorder automatism, specifically dissociative fugue.
The summary conviction appeal court found that the trial judge erred in law by requiring the Crown to disprove the automatism defence beyond a reasonable doubt, rather than requiring the accused to prove it on a balance of probabilities.
The appeal was allowed, the acquittal was overturned, and a conviction was entered for impaired driving, with a stay on the over 80 charge.
