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 R. v. Boyd

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ID: 378

Title: R. v. Boyd

Cite: 95 N.S.R. (2d) and 251 A.P.R. 367

Court: Nova Scotia

Date: 02/02/1990

Justices: (Co. Ct. -- Hall J.)

Result: Appeal dismissed

WhoWon: D

Issue: Care or Control


Charges:  


 

Facts

Police found the accused asleep in the driver's seat in a reclined position with the engine running and the heater and radio on. It took police ten minutes to wake the accused, car was inoperable as the tire was flat. Edit


Held

The trial judge properly instructed himself as to the appropriate test to be applied. The trial judge found as a fact that the car was inoperable. That finding of fact was not unreasonable. The acuital is upheld. Edit


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