IN THE TERRITORI.-M COURT Or THE NORTR,.EST TERRITORIES » OR-'.L REASONS FOR JUDGMENT OF HIS LORDSHIP THE HONOUlLMiLE I'D.. JUSTICE V;ILLI;,M G. MOR-iai, r i v e n a t Hay R i v e r , N.W.T., on t h e 24 th day of h'overnber, A .D. , i 9 6 0 , In t h e r m t t e r be tween: HER M\JESTY THE QUEE:3 - ana VERNON WILLIAM HAGEN
MORROW, J . > I z&Vi toll you this, I have only one problem, and
that is the question of intent to escape. There is no question alxjut the contact oZ the two cars, I think that has altaost been adnitted by the accused himself. Even if he hadn't admitted it, I -rn satxafied the police constable did a good job of research , and I na satisfied he put the facts together properly.
In looking at this case, there-efcoux^ee has to be evidence of care, charge, or control of a vehicle', evidence that it-is involved in an accident, in this case with another vehicle^ w-̂ firi-th-at there was an intent to escape eivil or criminal liability', and ,cf course .failure to &top the vehicle /md so on,
I am satisfied on the evidence before me that the respondent,^ origiaally-tha accuaadj, was in charge of or had the MK rusrrct; \\\ ycp.?cvr
~ ~ ^ ^
/'/'• SC U^ bio Oo§ I a p p e l l a n t Pu2srK)ndent
!:i'r.?:TC ?-=,». c,ji.3T o r nir '^TTXOVv^KNIFE. - N.V.'.T.
- 2 - Ii ^c:re and control of the vehicle in question; that he was involve«a in nn accident en th^ d'=to set out in tho charge', and that he failed^ to stop his vehicle.
I wish to say at this point that I think the'police did an excellant Job of piecing together the pieces, if I may use that phrase, and of identifying the two ^'ehiclos, the one that h-̂ d escaped^ and the one that was damaged.
However, I have difficulty with the question of intent to escape. The burden is ct all t5xie3 on the Crown to prove bê /ond a reasonable doubt all the essentials of this offence. La this case tho respondent v;ent into the witness box and gave an oxplanstion, v̂ hich explanation v;as consistent vith his subsequent behaviô ,.ir, where • within-th^'last fifteen or tv;enty minutes or half ttn hour of the accident ho cane back to viithin a very shcrt distance of v.'here the accident took place. There is no sign tha.t ho tried to hide his c-=r,' ih.ere is nothing to indicate he was aware of the damage.
I an therefore dismissing the -rppeal̂ ^̂ ith-Ba-̂ e&s-fcishs I would like to compliinent -Counsel for the Crown on his fairness v=here the other side v;aa not represented by Counsel. ^
^ ^ ^ ^^ ^