Application for leave to appeal from conviction for impaired care or control. Accused drove his vehicle while impaired out of necessity, to prevent his cattle from escaping from a field unto a highway. However, police later found accused asleep in his running vehicle, and trial judge convicted of care or control finding that the necessity defence had been exhausted.
Held: Leave granted.
Leave to appeal granted on two questions: “(1) Did the trial judge err in law by finding that imminent peril ended when it was ‘mostly eliminated’? And (2) Did the trial judge err by misapplying the defence of necessity by finding that the component of imminent peril is spent immediately after it is extinguished?”
A. Pearce, Defence Counsel