Impairment and intoxication are factors to be considered along with all other circumstances in determining whether or not an accused’s conduct amounted to criminal negligence: Regina v. Ferguson, supra. However, the evidence does not show that the accused was impaired let alone intoxicated. Consequently, notwithstanding evidence that the accused had consumed some alcoholic beverage I cannot consider that circumstance in determining the question of criminal negligence. Both counsel agree with my view in this regard.
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