R. v. Ryan (D.E.) (1998), 74 O.T.C. 193 (GD)
MLB headnote and full text
Temp. Cite: [1998] O.T.C. TBEd. SE.111
Deborah Elizabeth Ryan (appellant) v. Her Majesty The Queen (respondent)
(Court File No. 844/97)
Indexed As: R. v. Ryan (D.E.)
Ontario Court of Justice
General Division
Misener, J.
September 3, 1998.
Summary:
The accused was convicted of impaired driving (summary offence). She appealed arguing, inter alia, that the verdict was not reasonably supported by the evidence.
The Ontario Court (General Division) agreed, allowed the appeal, set aside the conviction entered an acquittal. The trial judge misapprehended the evidence concerning the impairment of accused’s ability to operate a motor vehicle. Further, there was a body of evidence which pointed only to innocence.
Criminal Law – Topic 1362
Offences against person and reputation – Motor vehicles – Impaired driving – Evidence and proof – See paragraphs 1 to 32.
Criminal Law – Topic 7655
Summary conviction proceedings – Appeals – Grounds – Misapprehension of evidence – See paragraphs 1 to 32.
Criminal Law – Topic 7659
Summary conviction proceedings – Appeals – Grounds – Verdict unreasonable or unsupported by evidence – See paragraphs 1 to 32.
Cases Noticed:
R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351; 36 C.C.C.(3d) 417, refd to. [para. 22].
R. v. R.W., [1992] 2 S.C.R. 122; 137 N.R. 214; 54 O.A.C. 164; 74 C.C.C.(3d) 134, refd to. [para. 23].
R. v. Grosse (P.) (1996), 91 O.A.C. 40; 107 C.C.C.(3d) 97 (C.A.), refd to. [para. 23].
R. v. Graat, [1982] 2 S.C.R. 819; 45 N.R. 451; 2 C.C.C.(3d) 365, refd to. [para. 28].
Counsel:
H.E. Stafford, Q.C., for the appellant;
W. Tymchyshyn, for the respondent.
This appeal was heard on July 13, 1998, before Misener, J., of the Ontario Court (General Division), who released the following reasons for judgment on September 3, 1998.
