The Presumption of “Care or Control”
In 2016, the Criminal Code (“the Code”) contained a section which has since been repealed, section 258(1)(a), which read “where it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a motor vehicle…the accused shall be deemed to have had the care or control of the vehicle” [emphasis added]. This definition of “care or control” applied to the also-repealed section 253 of the Code.
