R. v. Oulton

R. v. Oulton

Trial judge accepted forensic toxicology retrograde extrapolation and accident reconstruction, disbelieved accused's account of post-accident drinking and other explanations, and found beyond a reasonable doubt that the accused was impaired at the time of the collision (estimated BAC ~1.49–1.99 at 9:15 p.m.) and that this impairment was a significant contributing cause of the collision and of the resulting bodily harm; accordingly the accused was convicted of the charged offences.

Citation
2009 NSSC 422
Parties
Crown/prosecution: Her Majesty the Queen; Defendant/accused: Stephen D. Oulton
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 October 2009
Procedural Posture
Criminal Impaired Driving / Causing Bodily Harm / Trial Oral Judgment (conviction)
Outcome
Accused found guilty on the charges
Legal Topics
Impaired Driving, Care and Control, Causation, Retrograde Extrapolation, Expert Evidence, Credibility Assessment
Source Language
English
Criminal Law Motor Vehicle Offences Evidence Forensic Toxicology Accident Reconstruction Impaired Driving Care and Control Causation +3 more

Case Brief

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Parties

Her Majesty the Queen

Crown/prosecution

Stephen D. Oulton

Defendant/accused

Procedural Posture

Criminal Impaired Driving / Causing Bodily Harm / Trial Oral Judgment (conviction)

Legal Issues

  1. 1 Whether the accused was impaired by alcohol at the time of the collision
  2. 2 Whether the accused's alcohol impairment was a significant contributing cause of the collision
  3. 3 Whether there was fault on the part of the driver apart from impairment alone

Ratio Decidendi

Trial judge accepted forensic toxicology retrograde extrapolation and accident reconstruction, disbelieved accused's account of post-accident drinking and other explanations, and found beyond a reasonable doubt that the accused was impaired at the time of the collision (estimated BAC ~1.49–1.99 at 9:15 p.m.) and that this impairment was a significant contributing cause of the collision and of the resulting bodily harm; accordingly the accused was convicted of the charged offences.

Court Disposition

Accused found guilty on the charges

Orders

  • Guilty of unlawfully being in care and control of a motor vehicle with blood alcohol concentration exceeding 80 milligrams of alcohol in 100 millilitres of blood contrary to s.253(b) of the Criminal Code of Canada
  • Guilty of causing bodily harm while in the care and control of a motor vehicle while ability to operate the vehicle was impaired by alcohol contrary to s.255(2) of the Criminal Code of Canada