R. v. Balasubramaniam
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Case Name: R. v. Balasubramaniam Between Her Majesty the Queen, and Pragalathan Balasubramaniam [2008] O.J. No. 6015 Infraction No. 06-13133 Ontario Court of Justice Brampton, Ontario J. Kerrigan-Brownridge J. Oral judgment: June 2, 2008. (6 paras.) Counsel: E. Pecorella, Counsel for the Crown. M. Riddell, Counsel for the Defendant. REASONS FOR JUDGMENT 1 J. KERRIGAN-BROWNRIDGE J. (orally):-- Having considered the evidence provided in the trial today and considered the case law to which counsel have referred me, court finds on the evidence of the Crown that the Officers Cranley and Kinna had been dispatched to the intersection of Kennedy Road and Eglinton Avenue on September l7th, 06 in the early hours of the morning and found the accused slumped over the steering wheel of his motor vehicle, a green Honda, which was stopped in the middle of the intersection facing southbound on Kennedy Road, with the keys in the ignition and the engine running. 2 Officer Cranley's evidence is that the driver, who is identified as the accused before the court, Page 1
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Transcript of R. v. Balasubramaniam
Case Name:
R. v. Balasubramaniam
BetweenHer Majesty the Queen, and
Pragalathan Balasubramaniam
[2008] O.J. No. 6015
Infraction No. 06-13133
Ontario Court of JusticeBrampton, Ontario
J. Kerrigan-Brownridge J.
Oral judgment: June 2, 2008.
(6 paras.)
Counsel:
E. Pecorella, Counsel for the Crown.
M. Riddell, Counsel for the Defendant.
REASONS FOR JUDGMENT
1 J. KERRIGAN-BROWNRIDGE J. (orally):-- Having considered the evidence provided inthe trial today and considered the case law to which counsel have referred me, court finds on theevidence of the Crown that the Officers Cranley and Kinna had been dispatched to the intersectionof Kennedy Road and Eglinton Avenue on September l7th, 06 in the early hours of the morning andfound the accused slumped over the steering wheel of his motor vehicle, a green Honda, which wasstopped in the middle of the intersection facing southbound on Kennedy Road, with the keys in theignition and the engine running.
2 Officer Cranley's evidence is that the driver, who is identified as the accused before the court,
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had his eyes closed and head against the driver's window and when she approached - when sheapproached the vehicle. When she knocked on the window of the car, the accused did not respond.It was only when the officer opened the driver's door and reached over him to turn off the ignitionthat he was startled and woke up, his foot hitting the gas and the car moving forward. The accused'smotor vehicle was stopped when Officer Kinna reached in the passenger side of the car and pulledthe hand brake.
3 Officer Cranley smelled the odour of alcohol emanating from the accused's breath and observedhis eyes red and watery. Officer Kinna noted an odour of alcohol coming from the motor vehicle.When Officer Cranley advised the accused that he was under arrest for impaired driving he did notrespond right away.
4 The officers helped him get out of the car, and Officer Cranley described the accused as being adead weight necessitating the officers placing him on the ground to put the handcuffs on him.Thereafter the officers, supporting the accused, escorted him to Officer Cranley's cruiser. Herevidence is that when placed in the cruiser the accused became quite talkative and was laughing.
5 While the evidence given is consistent, in the view of the court, with the accused beingimpaired, the court finds that the evidence equally supports that the accused fell asleep at the wheeland when the officer leaned over him to turn off the ignition he awoke and was startled and his footinadvertently hit the gas peddle. When told he was under arrest he was unresponsive due to notbeing fully awake. His eyes may have been red and watery from sleeping; his body a dead weight ashe was not fully awake. And for the same reason he could not stand on his own and needed theassistance of the officers to his cruiser. Once put in the cruiser he became alert and talkative andwas laughing which is consistent with him waking up. The - with him being fully awake.
6 The evidence of alcohol on his breath is certainly one of the indicia to consider in thecircumstances, but by itself is merely evidence of recent consumption. Other than the alcohol on hisbreath the other indicia as aforementioned are equally consistent with him being asleep at the wheel.The court has also looked at the fact that Officer Cranley did not have in her notes that the accused'sspeech was slurred, that his eyes were bloodshot, and that he was incoherent or unresponsive afterwaking up. Officers - Officer Kinna's notes were - were sparse. In considering all of the evidence,the court finds that the Crown has not proven its case beyond a reasonable doubt and find him notguilty.
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