The accused was charged with impaired driving. The accused had been out drinking with a friend who was driving the accused's car. The two had an argument and the friend left the car. The accused was sitting on the passenger side of the front seat when the friend got out and walked away, leaving the motor running. The accused moved over behind the wheel, put the car in gear, and drove into a ditch. The police found the accused there and charged them with impaired driving. The defence centred around the argument that the accused had not entered the vehicle with the intention of driving. The accused had entered with the intention and expectation of being a passenger and had become a temporary driver only because of the actions of the other person. Should the accused be convicted? Explain making reference to mens rea and actus reus