R. v G. – Defence of Necessity

The Accused was charged with drinking and driving as well as aggravated assault and property damage. At trial, the Accused testified that she drove the vehicle while intoxicated out of necessity. That is, in order to escape circumstances in which she feared for her safety. The Crown Attorney’s questioning of the Accused at trial about why she did not tell the arresting officers about the necessity conflicted with the Accused’s right to silence. A new trial was ordered.

CanLII Record