I have no doubt the Accused was operating the motor vehicle on the date and time in question. It is the only reasonable conclusion to come to. I am certainly not prepared to accede to [defence counsel]'s speculation the vehicle was driving itself or that someone else operated the motor vehicle until she was unconscious and then exited the vehicle leaving her. There was nowhere else in the vehicle for someone else to sit...there were boxes to her right on the seat beside her. She and her vehicle did not suddenly beam onto the road and no one suddenly beamed out of the vehicle in the middle of two lanes of traffic leaving her in the driver's seat unconscious like something out of Star Trek. [The witness], whose evidence was credible and which I accept noted the vehicle was proceeding normally when it "made a sudden swerve to the right".
R. v. Armstrong |
1992 CarswellAlta 813 |
Alberta Provincial Court