Is an intention to set a vehicle in motion an essential element of the offence?
Nova Scotia, Canada
The following excerpt is from R. v. Lewis, 2021 NSPC 2 (CanLII):
It is settled law that an intention to set the vehicle in motion is not an essential element of the offence: Ford v. The Queen, 1982 CanLII 16 (SCC), [1982] 1 S.C.R. 231. This may appear anomalous in view of the presumption set out at s. 258(1)(a) of the Criminal Code, which provides that an accused who was found in the driver’s seat of a motor vehicle shall be deemed to have had the care or control of the vehicle . . . unless the accused establishes that the accused did not occupy that seat or position for the purpose of setting the vehicle . . . in motion . . . .
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