What is the test for setting out to drive after drinking?
British Columbia, Canada
The following excerpt is from R. v. Lockhart, 1993 CanLII 501 (BC CA):
38 Counsel supported his submissions with a reference to the reasons of Mr. Justice Sopinka in Regina v. Anderson, supra, at p. 56: No doubt setting out to drive after drinking in some circumstances may be sufficient to conclude either objectively or subjectively that there is a wanton or reckless disregard for the lives and safety of others. It will not be so, however, in every case.
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