R v Yeo

R v Yeo

Accepted the certified Intox EC/IR II results (170 mg% and 160 mg%, lowest 160 mg% conclusive under transitional Code provisions) and accepted Crown expert retrograde extrapolation adding accepted elimination rates (10–20 mg%/hr), yielding estimated BAC at accident time of 192–224 mg% which is well over legal limit; on totality accused’s conduct and elevated BAC established he was a significant contributing cause of the accident and Crown proved all elements of s.255(2.1) beyond reasonable doubt.

Citation
2023 NSPC 66
Parties
Prosecution/crown: His Majesty the King; Accused: Arnold Bruce Yeo
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 November 2023
Procedural Posture
Criminal Impaired Driving / Bodily Harm / Trial Judgment (decision)
Outcome
Guilty of offence contrary to s.255(2.1) Criminal Code (over 80 mg/100 ml and caused accident resulting in bodily harm); conditional stays entered on related s.255(2) impaired-causing-bodily-harm counts
Legal Topics
Impaired Driving, Over 80 Blood Alcohol Offence, Care or Control, Retrograde Extrapolation of BAC, ASD and Breathalyzer Evidence, Causation of Accident, Section 8 and 11(b) Charter Applications
Source Language
English
Criminal Law Evidence Forensic Toxicology Charter Law Road Traffic Law Impaired Driving Over 80 Blood Alcohol Offence Care or Control +4 more

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Parties

His Majesty the King

Prosecution/crown

Arnold Bruce Yeo

Accused

Procedural Posture

Criminal Impaired Driving / Bodily Harm / Trial Judgment (decision)

Legal Issues

  1. 1 Whether accused had BAC over 80 mg/100 ml at time of accident
  2. 2 Whether accused’s alcohol consumption or impairment caused the accident and bodily harm
  3. 3 Admissibility and reasonableness of ASD demand and subsequent breath tests

Ratio Decidendi

Accepted the certified Intox EC/IR II results (170 mg% and 160 mg%, lowest 160 mg% conclusive under transitional Code provisions) and accepted Crown expert retrograde extrapolation adding accepted elimination rates (10–20 mg%/hr), yielding estimated BAC at accident time of 192–224 mg% which is well over legal limit; on totality accused’s conduct and elevated BAC established he was a significant contributing cause of the accident and Crown proved all elements of s.255(2.1) beyond reasonable doubt.

Court Disposition

Guilty of offence contrary to s.255(2.1) Criminal Code (over 80 mg/100 ml and caused accident resulting in bodily harm); conditional stays entered on related s.255(2) impaired-causing-bodily-harm counts

Orders

  • Convicted on count contrary to s.255(2.1) of the Criminal Code (decision dated 2023-11-17)
  • Conditional stays entered on the four counts under s.255(2) (impaired causing bodily harm) pending sentencing proceedings