JUST*1010 Lecture Notes - Lecture 4: Indictable Offence, Bodily Harm, Summary Offence
Document Summary
2015 72,039 impaired driving offences (down 4% from 2014). 2015 3,000 drug impaired driving offences (twice as much as 2009) 2015 1 out of 6 people before the courts had been charged before. Care or control over 80 253(b) An accused cannot be convicted of both offences under this section occurring at the same time. (houchen 1976) Whether the offence prosecuted by indictment or punishable on summary conviction. 1st offence: fine not less than . 2nd offence imprisonment not less than 30 days. Impairment is defined as the deterioration of judgment, attention, sensory perception, and coordination. The outcome of impairment is reduction in quality of task performance or, in other words, diminished ability to perform skills including driving. Police formed opinion of impairment based on following: strong odour of alcoholic beverage on accused"s breath, glassy and bloodshot eyes, slurred speech, unsteadiness, erratic driving. The accused appealed to the ont court of appeal.