Is impairment and intoxication a factor in determining whether an accused’s conduct amounted to criminal negligence?
Saskatchewan, Canada
The following excerpt is from R. v. Shaw, 1973 CanLII 918 (SK QB):
Impairment and intoxication are factors to be considered along with all other circumstances in determining whether or not an accused’s conduct amounted to criminal negligence: Regina v. Ferguson, supra. However, the evidence does not show that the accused was impaired let alone intoxicated. Consequently, notwithstanding evidence that the accused had consumed some alcoholic beverage I cannot consider that circumstance in determining the question of criminal negligence. Both counsel agree with my view in this regard.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is conduct of the parties a factor in determining whether or not a child has been found to be a contributing factor in a custody decision? (Saskatchewan, Canada)
What is the principle of common law use in determining whether a person can be found guilty of a criminal offence under the Criminal Code? (Saskatchewan, Canada)
What is the legal test for determining whether the criminal justice system has failed to meet the Charter’s obligations under s. 11(b) of the Charter of Canada? (Saskatchewan, Canada)
What is the test to determine whether a driver was negligent when a steer confronted him on the highway? (Saskatchewan, Canada)
What is the test for determining whether a city has been found guilty of negligence in relation to loss of glass? (Saskatchewan, Canada)
What are the relevant factors used by a judge to determine whether or not a child has been removed from the custody of his mother? (Saskatchewan, Canada)
What are the relevant factors that a court will consider in determining whether or not to exercise jurisdiction? (Saskatchewan, Canada)
What is the test for determining whether Petro Tag is a contributory factor in a Co-op’s loss of income? (Saskatchewan, Canada)
What factors are considered in determining whether a respondent has been assigned in bankruptcy by the petitioner? (Saskatchewan, Canada)
What is the test to determine whether there is sufficient evidence to put the accused on trial? (Saskatchewan, Canada)
