R. v. Robertson
Although the officer had reasonable suspicion and the accused had care and control, the 26–31 minute delay before making the ASD demand was not justified by the circumstances and therefore the demand was not made forthwith; an invalid demand cannot ground an offence for refusal, so the accused must be acquitted.
- Citation
- 2007 NSPC 32
- Parties
- Crown: Her Majesty the Queen; Accused: Christopher Lee Robertson
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 3 May 2007
- Procedural Posture
- Criminal (impaired Driving/refusal to Comply With ASD Demand) / Trial Decision (provincial Court)
- Outcome
- Not guilty
- Legal Topics
- Approved Screening Device (asd) Demand, Reasonable Suspicion, Care and Control, Forthwith Requirement, Refusal to Provide Breath Sample
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Christopher Lee Robertson
Accused
Procedural Posture
Criminal (impaired Driving/refusal to Comply With ASD Demand) / Trial Decision (provincial Court)
Legal Issues
- 1 Whether there was alcohol in the accused's body
- 2 Whether the accused had care and control of the vehicle
- 3 Whether the ASD demand was made forthwith (as soon as reasonably possible)
Ratio Decidendi
Although the officer had reasonable suspicion and the accused had care and control, the 26–31 minute delay before making the ASD demand was not justified by the circumstances and therefore the demand was not made forthwith; an invalid demand cannot ground an offence for refusal, so the accused must be acquitted.
Court Disposition
Not guilty
Orders
- Defendant found not guilty; charge dismissed
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