Please answer the questions separately

Case Study Analysis

R. v. Decker, 2002 NFCA 9 (CanLII) On Friday nights, Barry Decker would drive to St. John's, Newfoundland. There, he parked his truck near his friend's home and went partying downtown. He used taxis during the evening. Decker usually stayed at his friend's house overnight and drove home on Saturday morning. A little after 3:30 a.m. on November 20, 1999, Decker returned by taxi to his friend's house but could not get in. After unsuccessfully trying to locate his friends by cell phone, he decided to sleep in the truck. He lay down and went to sleep, knowing that the engine would shut off in a few minutes as pre-programmed by the remote starter. A few moments later, a police officer found Decker. He had his attention drawn to the vehicle by the fact that the lights were on. Later at the police station, breath samples were taken, and Decker had two readings of 160 milligrams of alcohol per 100 millilitres of blood, double the legal limit. Decker was charged with having care or control of a motor vehicle and operating a vehicle while impaired. Decker was acquitted. The court found that he did not occupy the driver's seat for the purpose of setting the vehicle in motion. The Crown appealed, but the Supreme Court of Newfoundland (in a 2-1 decision) dismissed the appeal. The courts were satisfied that Decker had no intention of driving based on the longstanding pattern of his behaviour as well as his efforts on the evening in question to find a place to stay.

1.Why did the courts conclude that Decker did not have care or control in this case? Use evidence from the case to support your response.

2.Using the concept of "Legal Perspective" explain whether or not being in the driver's seat while impaired is enough for a conviction.