Boudreault Case Study Essay

Improved Essays
In the textbook “Criminal Law in Canada” by Simon Verdun-Jones, there are various types of significant cases that provide insight towards the actus reus elements of a criminal offence. For example, Codlin’s case conveys that Codlin drank alcohol at a party and decides to go home in his car, but he noticed that he was too drunk to drive so he called a taxi to pick him up (Verdun-Jones, 2014, p. 49). However, Codlin decided to sit in his car while waiting for the taxi and removed his key from the ignition to prevent any car mobility, but a police officer noticed Codlin sitting in his car with 150 milligrams of blood alcohol level so he was charged with being in “care or control” of a vehicle while being “over 80” under section 253(1) of the Criminal …show more content…
For example, Boudreault was drinking alcohol at a bar and acknowledged that he was too drunk to drive his truck so he decided to ask a friend to call a taxi for him, which is similar to Codlin’s case as he recognized that he was also too drunk to drive his motor vehicle and decided to travel by taxi (R v Boudreault, 2012, para. 18). Both cases signify that the accused persons’ blood alcohol exceeded the legal limit by surpassing 80 milligrams of alcohol in 100 millilitres of blood. Moreover, Boudreault decided to sit in the driver’s seat while intoxicated and wait for the taxi’s arrival as Codlin also decided to sit in the driver’s seat to wait for the taxi (R v Boudreault, 2012, para. 20). There are main differences that underlie in both cases. For example, Boudreault was asleep on the driver’s seat when he was waiting for the taxi and left the truck’s engine running (R v Boudreault, 2012, para. 20). On the other hand, Codlin didn’t fall asleep and he removed the key from the car’s ignition, which promotes a lesser likelihood of harming other property and people (Verdun-Jones, 2014, p. 49). Boudreault was acquitted by the trial judge of the Quebec court because there was no risk towards people or property since the vehicle wasn’t in motion (R v Boudreault, 2012, para. 23). The Boudreault case (2012) remains significant to the Codlin’s case because it has several similarities in terms of the case facts. For example, Codlin’s case also signifies a lesser threat to people or property because the car wasn’t operating and Codin was aware of his surroundings since he wasn’t sleeping (Verdun-Jones, 2014, p.

Related Documents

  • Improved Essays

    A driver with a blood alcohol concentration of .08 or more is considered to be alcohol-impaired (“Alcohol-Impaired Driving”). The higher the blood alcohol concentration levels are, the easier it is to be killed or injured. The driver is not only risking those around them, but the driver’s life too, depending on how much they have had to drink. Although a blood alcohol concentration level of .08 is officially drunk, impairments come after the first sip. After about two drinks, there is some loss of judgment with an altered mood and a feeling of relaxation and warmth.…

    • 969 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Material and Method Subjects and samples- This was a case-control study conducted in King George’s Medical University, a tertiary-care teaching institute, and Ram Manohar Lohia Hospital, a tertiary-care government non-teaching institute, in Lucknow, Uttar Pradesh, India. A total of 1118 subjects were enrolled including 559 cases and 559 controls. Cases were defined as mothers (age 18-40 years) of live preterm neonates (birth at less than 37 weeks of gestation).…

    • 370 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Also, to be more specific about Criminal Law, this article falls under Consolidated Acts section 253 under the Criminal Code of Canada. This association is due to the notion that the government is interacting with the general public rather than individuals interacting with one another and that the infringements occurring affect the Criminal Code. In section 253, it states that “Every one commits an offence who operates a motor vehicle or vessel [...] whether it is in motion or not, (a) while the person’s ability to operate the vehicle [...] is impaired by alcohol or a drug; [...] one hundred millilitres of blood”. In private morality, the Canadian government enforcing stricter rules and sentencing harsher punishments seems justified. The idea of limiting the number of car accidents caused by drinking is one that should be taken seriously.…

    • 702 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    R V Labaye Case Study

    • 1458 Words
    • 6 Pages

    This essay will discuss the case of R v. Labaye. A summary of the nature of the proceeding and the judges writing decision, facts, legal issues, the decision, judicial reasoning and a thorough analysis will be addressed in this essay. I prefer the reasoning of the majority decision as it is reasonable and ethical. The nature of the proceeding is an appeal heard from the Supreme Court of Canada.…

    • 1458 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The Supreme Court of Canada is the highest court in Canada, the final court of appeal, and the last legal resort for all litigants; therefore, the Supreme Court of Canada decisions are the ultimate expression and application of Canadian law (Supreme Court of Canada tour). The landmark decision by the Supreme Court of Canada in the R v. Keegstra case regarding the freedom of expression portrays the theoretical concepts behind the court’s ruling as it is the job of the court to deliver a fair decision to the parties involved, as well as a decision that maintains law and order in society. The R v. Keegstra ruling contains insights from the consensus theory and the labelling theory, as the decision of the court was in the interest of the public. To better understand a criminal law case and come up with a conclusion, the theory used must have a valid structure and must follow the rules of critical thinking and logic (Boyd, Cartwright and Heidt, 2015: 120). Also, the purpose of the criminal law must be understood as criminal law serves a purpose, which takes into account some theoretical aspects of the consensus theory and…

    • 1338 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Defending Mr. Juneau Background Information On the day in question, Mr. Juneau was caught up in several mishaps but because of certain conditions, he shouldn’t be held liable for any of them. Three crimes committed, which included the following: • Possession of Nutria- an endangered species- with the intent to distribute; • Theft of gas; and • The murder of the neighbor. All three can be considered very serious offenses and therefore must be thoroughly reviewed so that it can be proven that Mr. Juneau isn’t guilty. Our defense will be that Mr. Juneau is not guilty due to diminished capacity.…

    • 1544 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    R V Campbell (2010) NSWSC 995 Desmond Campbell was found guilty of pushing his wife, Janet Campbell, of six months off a cliff top in the Royal National Park. Desmond pushed Janet from the top of a sheer 50m cliff south of Burning Palms, resulting in her death as she had hit her head on a rick platform below, in March 2005. Elements Of The Offence Before a criminal act can be brought to trial, the police and prosecutors need to prove the elements of a particular offence are present. The elements are; actus reus, mens rea and causation.…

    • 1475 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    You call for a ride home, which shows up within 20 minutes and give them the address to drop you off. The driver of your car is sober, however the driver of the car that is going to crash into you is not. In a split second, your car is t-boned after an intoxicated man speeds right through a red light at an intersection. His blood alcohol concentration was well over the legal…

    • 1461 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    In Louisiana, Lillie would be able to recover under Louisiana Civil Code article 2315, which states in pertinent part “Every act whatever of man which causes damage to another obliges him by whose fault it happened to repair it.” La. C.C. 2315 allows someone who has been wronged, to be compensated for the damage caused to him or her. In order to recover under La. C.C. art. 2315, an intentional tort must have been committed. In the present case, Joe has committed the intentional tort of battery. A battery is defined as harmful or offensive contact with a person, resulting from an act intended to cause the plaintiff to suffer such a contact.…

    • 1778 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    In today’s Canadian society, people are certain that the Criminal justice system with their almighty position and power has the responsibility to protect and serve the community. That being said, the fundamental purpose of the creation of criminal law is to maintain order within society and punish those who deviate beyond the social and legal norms (Robinson & Cahill, 2005). The idea of an innocent individual being wrongfully convicted of a criminal act committed by another person is astounding. The sole purpose of the system is to restrain those who are deemed deviant or mischiefs and are to be held accountable for their actions through the criminal justice system. Therefore, not to restrain the freedom of the individuals who are innocent.…

    • 1699 Words
    • 7 Pages
    Superior Essays
  • Decent Essays

    This distiction between cognizable and non-cognizable offences is important to determine whether police officer should issue warrant before arrest or not but, in some non-cognizable offences also police can arrest without a warrant. To deciede whether an offence is cognazable or non-cognizable we look at the seriousness (punishment) of an offence, but some serious offences are also made non-cognizable offence. Also, all offences are not listed in the First Schedule as cognizable or non-cognizable. Due to which it creates lot of confusion for the police and the suspect. In the case of Ms. Rani Shashank Doshi v. The Senior Inspector of Poilce , a division bench of Justices S C Dharmadhikari and Gautam Patel said drunk driving is non-cognizable…

    • 396 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    Tort Of Negligence Essay

    • 1145 Words
    • 5 Pages

    Issue The matters involved in the case facts is if Rebecca can sue Michelle for negligence based on tort law and Rebecca?s decision to accept the ride home even if she knows that Michelle was drunk to drive. Rule The court needs to prove that Michelle has a duty of care to Rebecca. Secondly, there needs to be a breach of this duty due to the negligent conduct of Michelle.…

    • 1145 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Serious Case Study Essay

    • 914 Words
    • 4 Pages

    The Serious Case Review into the murder of Steven Hoskin revealed weaknesses across each of the agencies in contact with him and those responsible for his abuse and murder. Background At the heart of the Serious Case Review were twin uncomfortable and haunting realities. First, Mr Hoskin was regarded by several agencies not as a vulnerable adult to be protected from abuse and neglect but as a perpetrator of antisocial behaviour and worse. Mr Hoskin had been charged and convicted of assault.…

    • 914 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Case Of Kenneth Parks

    • 1357 Words
    • 5 Pages

    In the early morning hours of May 23rd, 1987, a man assaulted and murdered two people, but unlike any other ordinary cases, he managed to do so while ‘asleep’. Kenneth Parks, a 23-year-old man living in Toronto, drove approximately 23 km to his in-laws’ home (in the condition of sleepwalking).1 He then broke into the house and seriously injured his father in-law, Dennis Woods, attempting to strangle him to death and murdered his mother in-law, Barbara Woods, using a tire iron and a kitchen knife.2 In conclusion of the case, on May 28th, 1998, with his defence being successful, the jury made a verdict of not guilty and Parks was acquitted of his crimes (The Supreme Court of Canada confirmed the acquittal in 1992).1 There were strong, supportive…

    • 1357 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Introduction In order to establish criminal liability, the actus reus must generally be proved. The actus reus of an offence are comprised with the prohibited conduct, the relevant circumstances, the consequence and causation. Causation is one of the four elements of actus reus. Causation in the criminal context is concerned with the legal attribution of criminal responsibility for consequences.…

    • 1475 Words
    • 6 Pages
    Great Essays