R. v. Laroche

R. v. Laroche

Court found continuity of the hospital blood sample proven beyond a reasonable doubt, accepted the hospital Vitros 950 analysis as reliable (220 mg% converted) and rejected the higher RCMP result as plausibly explained by degradation and lack of refrigeration during prolonged storage; using established elimination rates the accused's BAC at time of driving exceeded the legal limit and impairment caused loss of control of the motorcycle; convicted on impaired driving causing bodily harm, dangerous driving causing bodily harm, and driving over legal limit.

Citation
2009 BCSC 1896
Parties
Crown: Regina; Accused: Sylvain Marco Laroche
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 October 2009
Procedural Posture
Criminal / Trial — Judgment Delivered
Outcome
Accused convicted
Legal Topics
Dangerous Driving Causing Bodily Harm, Impaired Driving Causing Bodily Harm, Driving Over Legal Blood Alcohol Limit, Chain of Custody/continuity of Evidence, Forensic Toxicology, Causation and Mens Rea
Source Language
English
Criminal Law Traffic/driving Offences Forensic Evidence Dangerous Driving Causing Bodily Harm Impaired Driving Causing Bodily Harm Driving Over Legal Blood Alcohol Limit Chain of Custody/continuity of Evidence Forensic Toxicology +1 more

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Parties

Regina

Crown

Sylvain Marco Laroche

Accused

Procedural Posture

Criminal / Trial — Judgment Delivered

Legal Issues

  1. 1 Whether continuity/identity of the hospital blood sample was proven
  2. 2 How to resolve discrepant alcohol analyses (hospital Vitros 950 vs RCMP gas chromatograph)
  3. 3 Whether Crown proved beyond a reasonable doubt that accused was impaired and that impairment caused loss of control

Ratio Decidendi

Court found continuity of the hospital blood sample proven beyond a reasonable doubt, accepted the hospital Vitros 950 analysis as reliable (220 mg% converted) and rejected the higher RCMP result as plausibly explained by degradation and lack of refrigeration during prolonged storage; using established elimination rates the accused's BAC at time of driving exceeded the legal limit and impairment caused loss of control of the motorcycle; convicted on impaired driving causing bodily harm, dangerous driving causing bodily harm, and driving over legal limit.

Court Disposition

Accused convicted

Orders

  • Guilty: Count 1 — impaired driving causing bodily harm
  • Guilty: Count 2 — dangerous driving causing bodily harm