R. v. Brogan

R. v. Brogan

Although the judge accepted that Brogan had a BAC above the forensic threshold for impairment and convicted on the admitted over‑limit offence, the Crown failed to prove beyond a reasonable doubt that any alcohol impairment or other aspect of Brogan’s driving significantly contributed to the collision. Expert reconstruction established the bicycle veered and corrected in a very short ‘out‑of‑control’ time (1.0–1.7s) at gathering dusk such that an alert sober driver would likely not have had time to avoid the collision; that unavoidable‑accident finding created reasonable doubt as to causation and required acquittal on criminal negligence, dangerous driving causing death and impaired...

Citation
2008 NSPC 42
Parties
Crown: Her Majesty the Queen; Accused: Patrick Brogan
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 July 2008
Procedural Posture
Criminal / Trial — Decision
Outcome
Accused acquitted of criminal negligence causing death, dangerous driving causing death and impaired driving causing death; convicted on admitted offence of driving with blood alcohol concentration over legal limit (.08)
Legal Topics
Impaired Driving, Criminal Negligence Causing Death, Dangerous Driving Causing Death, Causation, Reasonable Doubt, Breathalyzer Back‑extrapolation, Disability and Criminal Liability (diabetes)
Source Language
English
Criminal Law Traffic Safety Law Forensic Toxicology Evidence Law Impaired Driving Criminal Negligence Causing Death Dangerous Driving Causing Death Causation +3 more

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Parties

Her Majesty the Queen

Crown

Patrick Brogan

Accused

Procedural Posture

Criminal / Trial — Decision

Legal Issues

  1. 1 Whether Mr. Brogan was impaired by alcohol at the time of the collision
  2. 2 Whether any impairment significantly contributed to the accident (causation)
  3. 3 Whether the Crown proved criminal negligence, dangerous driving causing death or impaired driving causing death beyond a reasonable doubt

Ratio Decidendi

Although the judge accepted that Brogan had a BAC above the forensic threshold for impairment and convicted on the admitted over‑limit offence, the Crown failed to prove beyond a reasonable doubt that any alcohol impairment or other aspect of Brogan’s driving significantly contributed to the collision. Expert reconstruction established the bicycle veered and corrected in a very short ‘out‑of‑control’ time (1.0–1.7s) at gathering dusk such that an alert sober driver would likely not have had time to avoid the collision; that unavoidable‑accident finding created reasonable doubt as to causation and required acquittal on criminal negligence, dangerous driving causing death and impaired...

Court Disposition

Accused acquitted of criminal negligence causing death, dangerous driving causing death and impaired driving causing death; convicted on admitted offence of driving with blood alcohol concentration over legal limit (.08)

Orders

  • Acquitted of charges: criminal negligence causing death (Criminal Code s.219(1)), dangerous driving causing death, impaired driving causing death
  • Convicted on charge of driving with blood alcohol concentration over legal limit (plea entered)