Court File and Parties

Citation: R. v. Banks, 2009 ONCA 482 Date: 2009-06-12 Docket: C49792

Court of Appeal for Ontario Before: Moldaver, Goudge and Armstrong JJ.A.

Between: Her Majesty the Queen (Appellant) and Constance Banks (Respondent)

Counsel: Joan Barrett for the appellant John Collins for the respondent

Heard and endorsed: June 11, 2009

On appeal from the order of Justice D.L. Corbett, of the Superior Court of Justice, sitting as a Summary Conviction Appeal Court Judge, dated November 24, 2008, allowing the defendant’s appeal and entering an acquittal, from the decision of Justice B. Puglsey of the Ontario Court of Justice dated March 4, 2008.

Appeal Book Endorsement

[1] The trial judge assessed whether the respondent’s conduct in relation to the motor vehicle was such that it created risk of danger. The trial judge, on the facts, concluded that there was a risk that upon her vehicle being pulled from the ditch, the respondent would continue her interrupted journey, thereby causing the risk of danger that s. 253(b) of the Criminal Code is designed to prevent.

[2] In our view, that finding was open to him on the evidence and the Summary Conviction Appeal Judge erred in interfering with it.

[3] Accordingly, leave to appeal is granted, the appeal is allowed and the conviction and sentence imposed at trial are restored.