R. v. Stellato (T.) (1993), 61 O.A.C. 217 (CA)
MLB headnote and full text
Her Majesty The Queen (respondent) v. Tonino Stellato (appellant)
(C11808)
Indexed As: R. v. Stellato (T.)
Ontario Court of Appeal
Grange, Galligan and Labrosse, JJ.A.
January 7, 1993.
Summary:
Stellato appealed his conviction for having care and control of a motor vehicle while impaired. The issue on the appeal involved the determination of the standard of proof required for a conviction for impaired driving. Stellato argued that the Crown was required to prove that his conduct demonstrated a marked departure from that of a normal person.
The Ontario Court of Appeal dismissed the appeal.
Criminal Law – Topic 1362
Motor vehicles – Impaired driving – Evidence and proof – Stellato appealed his conviction for having care and control of a motor vehicle while impaired, arguing that in order to prove impairment, the Crown was required to show that his conduct demonstrated a marked departure from that of a normal person – The Ontario Court of Appeal dismissed the appeal, where there was sufficient evidence to find that the Crown had proved beyond a reasonable doubt that Stellato’s ability was impaired – The court held that impairment was an issue of fact for the trial judge to decide on the evidence and that if the evidence established any degree of impairment ranging from slight to great, the offence was made out.
Criminal Law – Topic 1363
Motor vehicles – Impaired driving – Meaning of impairment “by alcohol or drug” – [See
Criminal Law – Topic 1362
].
Cases Noticed:
R. v. McKenzie (1955), 111 C.C.C. 317 (Alta. Dist. Ct.), not folld. [para. 6].
R. v. Winlaw (1988), 13 M.V.R.(2d) 112 (Ont. Dist. Ct.), folld. [para. 7].
R. v. Campbell (1991), 87 Nfld. & P.E.I.R. 269; 271 A.P.R. 269; 26 M.V.R.(2d) 319 (P.E.I.C.A.), folld. [para. 10].
R. v. Smith (K.M.) (1992), 131 A.R. 59; 25 W.A.C. 59; 73 C.C.C.(3d) 285 (C.A.), not folld. [para. 11].
Statutes Noticed:
Criminal Code, R.S.C. 1985, c. C-46, sect. 253(a) [para. 2].
Counsel:
Maurizio Stellato, for the appellant;
Richard Connolly, for the respondent.
This appeal was heard on December 18, 1992, before Grange, Galligan and Labrosse, JJ.A., of the Ontario Court of Appeal. The following judgment of the Court of Appeal was delivered by Labrosse, J.A., and was released on January 7, 1993.
