R. v. Munroe

R. v. Munroe

The presumption of identity in s.258(1)(c) is only available if the Crown proves beyond a reasonable doubt that the breath samples were taken 'as soon as practicable' as required by s.258(1)(c)(ii); on the facts the Crown met that burden and the presumption applied resulting in conviction under s.253(1)(b).

Citation
2018 NSPC 20
Parties
Crown: Her Majesty the Queen; Accused: Trevor Paul Munroe
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 April 2018
Procedural Posture
Criminal Charge Under Criminal Code S.253(1)(b) (over .08) / Trial Decision (conviction Entered)
Outcome
Convicted under s.253(1)(b) of the Criminal Code
Legal Topics
Impaired Driving, Breath Sample Procedure, Presumption of Identity S.258(1)(c), S.254(3) Demand Timing, Interpretation of 'as Soon as Practicable', Charter Ss.8, 9, 10(b) Issues
Source Language
English
Criminal Law Constitutional Law (charter) Evidence Law Impaired Driving Breath Sample Procedure Presumption of Identity S.258(1)(c) S.254(3) Demand Timing Interpretation of 'as Soon as Practicable' +1 more

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Parties

Her Majesty the Queen

Crown

Trevor Paul Munroe

Accused

Procedural Posture

Criminal Charge Under Criminal Code S.253(1)(b) (over .08) / Trial Decision (conviction Entered)

Legal Issues

  1. 1 Whether a Charter application is required to challenge availability of the s.258(1)(c) presumption on the ground samples were not taken 'as soon as practicable'
  2. 2 Whether the Crown proved beyond a reasonable doubt that the breath samples were taken 'as soon as practicable'
  3. 3 Whether the presumption of identity in s.258(1)(c) is available to the Crown given the facts of this case

Ratio Decidendi

The presumption of identity in s.258(1)(c) is only available if the Crown proves beyond a reasonable doubt that the breath samples were taken 'as soon as practicable' as required by s.258(1)(c)(ii); on the facts the Crown met that burden and the presumption applied resulting in conviction under s.253(1)(b).

Court Disposition

Convicted under s.253(1)(b) of the Criminal Code

Orders

  • Convicted of driving with blood alcohol concentration over legal limit contrary to s.253(1)(b) Criminal Code