Police found the accused asleep in the driver's seat in a reclined position with the engine running and the heater and radio on. It took police ten minutes to wake the accused, car was inoperable as the tire was flat.
The trial judge properly instructed himself as to the appropriate test to be applied. The trial judge found as a fact that the car was inoperable. That finding of fact was not unreasonable. The acuital is upheld.