R. v. Mingo

R. v. Mingo

Police contact at the accused's front door did not violate s.8 because the officer remained at the threshold, the accused's recorded statements evidenced that she had invited the officer into her home, and applicable Nova Scotia precedent supports an implied licence to approach/knock and, where necessary, entry to investigate suspected impaired driving; applying the proper standard of proof the Crown proved refusal to provide a breath sample (s.254(5)) and resisting arrest (s.270(1)(b)) beyond a reasonable doubt but did not prove impaired driving (s.253(1)(a)).

Citation
2018 NSPC 82
Parties
Crown: Her Majesty The Queen; Accused: Charlotte Leanne Mingo
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 February 2018
Procedural Posture
Criminal / Verdict (trial Decision)
Outcome
Accused convicted of refusal to provide breath sample (Criminal Code s.254(5)) and resisting arrest (Criminal Code s.270(1)(b)); acquitted of impaired driving (Criminal Code s.253(1)(a)); sentencing to be scheduled.
Legal Topics
Impaired Driving, Refusal to Provide Breath Sample, Resisting Arrest, Section 8 Search and Seizure, Implied Licence to Knock, Credibility Assessment
Source Language
English
Criminal Law Charter Law Evidence Law Impaired Driving Refusal to Provide Breath Sample Resisting Arrest Section 8 Search and Seizure Implied Licence to Knock +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 22 Party arguments 2
Sign in to unlock

Parties

Her Majesty The Queen

Crown

Charlotte Leanne Mingo

Accused

Procedural Posture

Criminal / Verdict (trial Decision)

Legal Issues

  1. 1 Whether police entry/contact at accused's dwelling violated s.8 of the Charter
  2. 2 Whether Crown proved impaired driving contrary to s.253(1)(a) beyond a reasonable doubt
  3. 3 Whether Crown proved refusal to provide breath sample contrary to s.254(5)

Ratio Decidendi

Police contact at the accused's front door did not violate s.8 because the officer remained at the threshold, the accused's recorded statements evidenced that she had invited the officer into her home, and applicable Nova Scotia precedent supports an implied licence to approach/knock and, where necessary, entry to investigate suspected impaired driving; applying the proper standard of proof the Crown proved refusal to provide a breath sample (s.254(5)) and resisting arrest (s.270(1)(b)) beyond a reasonable doubt but did not prove impaired driving (s.253(1)(a)).

Court Disposition

Accused convicted of refusal to provide breath sample (Criminal Code s.254(5)) and resisting arrest (Criminal Code s.270(1)(b)); acquitted of impaired driving (Criminal Code s.253(1)(a)); sentencing to be scheduled.

Orders

  • Convicted of offence contrary to Criminal Code s.254(5) (refusal to provide breath sample).
  • Convicted of offence contrary to Criminal Code s.270(1)(b) (resisting arrest).