What is the definition of mens rea for having care or control of a motor vehicle?
British Columbia, Canada
The following excerpt is from R. v. Moenning, 2003 BCPC 370 (CanLII):
The relevant definitions are found in Regina v. Toews (1985), 1985 CanLII 46 (SCC), 21 C.C.C, (3d) 24 at 28: "... the mens rea for having care or control of a motor vehicle is the intent to assume care and control after the voluntary consumption of alcohol or a drug. The actus reus is the act of assumption of care or control when the voluntary consumption of alcohol or a drug has impaired the ability to drive."
"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
What is the test for judicial review of a decision by a Superintendent of Motor Vehicles under s. 215.5 of the Motor Vehicle Act? (British Columbia, Canada)
In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
Can a motor vehicle prohibition be confirmed on the basis that the petitioner did not intend to put his vehicle in motion when he got in the vehicle? (British Columbia, Canada)
Is a motor vehicle insurance policy deductible under s. 25 of the BC Motor Vehicle Insurance Act? (British Columbia, Canada)
What is the legal test for using the word "superintendent of Motor Vehicles" in a motor vehicle application? (British Columbia, Canada)
What is the difference between a motor vehicle accident and a subsequent motor vehicle collision? (British Columbia, Canada)
In a motor vehicle accident case, is a driver allowed to drive his vehicle while unlicensed? (British Columbia, Canada)
What are the consequences of a charge of care and control of a motor vehicle while impaired? (British Columbia, Canada)
Is a motorist entitled to be questioned by a police officer on a matter unrelated to the operation of his vehicle on a motor vehicle? (British Columbia, Canada)
What is the test for liability when a collision occurs between a plaintiff motor vehicle and a forward vehicle? (British Columbia, Canada)
