R. v. Donovan

R. v. Donovan

The Crown failed to prove beyond a reasonable doubt that the accused’s ability to operate a motor vehicle was impaired by alcohol and that any such impairment was a significant contributing cause of the accident; blood test results were excluded for an s.8 Charter infringement, and on the totality of the admissible evidence the accused was acquitted of the s.255(3) and s.255(2) charges; the s.249 charges were later dismissed for want of prosecution.

Citation
2009 NSPC 8
Parties
Crown: Her Majesty the Queen; Accused: Justin Patrick Donovan
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 March 2009
Procedural Posture
Criminal / Trial — Judgment
Outcome
Accused acquitted of charges under s.255(3) and s.255(2) of the Criminal Code; charges under s.249(3) and s.249(4) dismissed for want of prosecution.
Legal Topics
Impaired Driving, Dangerous Operation of a Motor Vehicle, Search and Seizure (charter S.8), Exclusion of Evidence (charter S.24), Causation, Standard of Proof Beyond Reasonable Doubt
Source Language
English
Criminal Law Motor Vehicle Law Charter Law Impaired Driving Dangerous Operation of a Motor Vehicle Search and Seizure (charter S.8) Exclusion of Evidence (charter S.24) Causation +1 more

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Parties

Her Majesty the Queen

Crown

Justin Patrick Donovan

Accused

Procedural Posture

Criminal / Trial — Judgment

Legal Issues

  1. 1 Whether the accused’s ability to operate a motor vehicle was impaired by alcohol at the time of the accident
  2. 2 Whether any impairment was a significant contributing cause of the death and injuries
  3. 3 Whether blood test results were admissible given an alleged s.8 Charter breach

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the accused’s ability to operate a motor vehicle was impaired by alcohol and that any such impairment was a significant contributing cause of the accident; blood test results were excluded for an s.8 Charter infringement, and on the totality of the admissible evidence the accused was acquitted of the s.255(3) and s.255(2) charges; the s.249 charges were later dismissed for want of prosecution.

Court Disposition

Accused acquitted of charges under s.255(3) and s.255(2) of the Criminal Code; charges under s.249(3) and s.249(4) dismissed for want of prosecution.

Orders

  • Results of blood tests excluded under s.24 of the Charter due to an infringement of s.8
  • S.255(3) and s.255(2) charges: Not Guilty; s.249(3) and s.249(4) charges: dismissed for want of prosecution