R. v. Williams

R. v. Williams

The court held that a delay between first and second breath tests is prima facie unreasonable only where the interval equals or exceeds 15 minutes beyond the statutory minimum (i.e. 30 minutes total between tests); delays of less than that do not automatically breach the 'as soon as practicable' requirement. Because the unexplained excess here was 13 minutes (28 minutes total) the presumption under s.258(1)(c) applied and the certificate was admissible, leading to conviction.

Citation
2010 NSPC 27
Parties
Crown: Her Majesty the Queen; Accused: Harry Herbert Williams
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 March 2010
Procedural Posture
Criminal Impaired Driving / Trial Decision
Outcome
Accused found guilty; certificate admitted and s.258(1)(c) presumption applied
Legal Topics
Impaired Driving, Breathalyzer Tests, Presumption of Identity Under S.258(1)(c), Delay and 'as Soon as Practicable' Requirement
Source Language
English
Criminal Law Evidence Procedural Law Impaired Driving Breathalyzer Tests Presumption of Identity Under S.258(1)(c) Delay and 'as Soon as Practicable' Requirement

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Parties

Her Majesty the Queen

Crown

Harry Herbert Williams

Accused

Procedural Posture

Criminal Impaired Driving / Trial Decision

Legal Issues

  1. 1 Whether the unexplained delay between breath samples defeats the s.258(1)(c) presumption of identity
  2. 2 What interval between first and second breath tests is prima facie unreasonable and requires viva voce explanation
  3. 3 Whether the unexplained 13 minute excess beyond the 15 minute minimum renders the tests not taken 'as soon as practicable'

Ratio Decidendi

The court held that a delay between first and second breath tests is prima facie unreasonable only where the interval equals or exceeds 15 minutes beyond the statutory minimum (i.e. 30 minutes total between tests); delays of less than that do not automatically breach the 'as soon as practicable' requirement. Because the unexplained excess here was 13 minutes (28 minutes total) the presumption under s.258(1)(c) applied and the certificate was admissible, leading to conviction.

Court Disposition

Accused found guilty; certificate admitted and s.258(1)(c) presumption applied

Orders

  • Certificate of Analysis admitted into evidence; accused Harry Herbert Williams found guilty of the offences charged under ss.253(a) and 253(b) of the Criminal Code