AL Case R. v. Decker, 2002 NFCA 9 (CanLII) For more information, Go to Nelson Social Studies On Friday nights, Barry Decker would drive to St. had two readings of 160 milligrams of alcohol per 100 John's, Newfoundland. There, he parked his truck millilitres of blood, double the legal limit. Decker was near his friend's home and went partying downtown. charged with having care or control of a He used taxis during the evening. Decker usually and operating a vehicle while impaired. stayed at his friend's house overnight and drove Decker was acquitted. The court found that he did home on Saturday morning. A little after 3:30 a.m. not occupy the driver's seat for the purpose of setting on November 20, 1999, the vehicle in motion. The Crown appealed, butt Decker returned by taxi Supreme Court of Newfoundland (in a 2-1 decision) to the friend's house but dismissed the appeal. The courts were satisfied that could not get in. Decker had no intention of driving based on the long After unsuccessfully try- standing pattern of his behaviour as well as his efforts ing to locate his friends by on the evening in question to find a place to stay. cellphone, he decided to sleep in the truck. He lay For Discussion down and went to sleep, knowing that the engine 1. Define "care or control" of a vehicle according would shut off in a few to the law. Do you agree with how it was minutes as pre-programmed applied in this case? by the remote starter. A few 2. Why did the courts conclude that Decker did Being behind the wheel of moments later, a police not have care or control in this case? a vehicle while intoxicated officer found Decker. He had 3 . may be enough to establish Make the argument on behalf of the Crown, care or control of the his attention drawn to the arguing that Decker did, in fact, have care vehicle, even if you are not vehicle by the fact that the or control. actually driving and have lights were on. Later at the 4 . police station, breath sam- Should being in the driver's seat while no intention of driving ples were taken, and Decker impaired be enough for a conviction? Explain. 254 Unit 2 Criminal Law NEL