Necessity (Cases)

From Criminal Law Notebook


Case Name Summary
R v DeFrias, 2016 ONCJ 313 (CanLII), per Harris J The accused was convicted of impaired driving. She unsuccessfully argued necessity on account that she was suicidal and was intending to go to the hospital.
R v Dirk, 2012 SKPC 61 (CanLII), per Harris J impaired driving -- accused drove a few feet in order to avoid person who was smashing his car-not proportionate, or without alternatives
R v Valauskas, 2012 ONCJ 790 (CanLII), per Pringle J impaired driving - the accused drove drunk to escape attackers. Found not guilty.
R v Costoff, 2010 ONCJ 109 (CanLII), per Bourque J impaired - accused's passenger driving to hospital
R v Murray, 2010 ABQB 784 (CanLII), per Verville J impaired driving charge -- accused co-worked beaten unconscious and a group of angry men threatened to beat him--defence accepted
R v Desrosiers, 2007 ONCJ 225 (CanLII), per Keast J impaired - suicidal man driving to hospital. Found not guilty.
R v Maragh, [2003] OJ No 3574(*no CanLII links) flight from police
R v McCain, [2003] OJ No 1762 (C.J.)(*no CanLII links) Breach of recognizance
R v Burgess, [2003] OJ No 4633 (CJ)(*no CanLII links) failing to remain at the scene
R v Sanders,
2001 CanLII 28329 (ONSC), [2001] OJ No 2207, per Howden J
cultivation --
R v Hill, [1999] BCJ No 933 (Prov.Ct.)(*no CanLII links) failing to remain at the scene
R v Gourlay, (1996), 182 AR 126 (ABPC)(*no CanLII links) theft
R v Lalonde,
1995 CanLII 7155 (ONSC), , 22 OR (3d) 275, per Trainor J
fraud -
R v West,
1994 CanLII 4535 (NLSCTD), , 123 Nfld. & PEIR 234, (NLSC), per Barry J
impaired driving - successful. accused was driving to corner store to call police to eject a guest
R v Berriman, 1987 CanLII 3967 (NL CA), per Gueshue JA impaired - accused believed an attacker was following, but not in immediate danger and had other options.
R v Stevenson, [1986] 42 Man.R. (2d) 133 (MBQB)(*no CanLII links) mischief
R v Fry,
1977 CanLII 1955 (SK PC), 36 CCC (2d) 396 (SKPC), per Boyce J
dangerous operation - successful