R. v. Bhatti

R. v. Bhatti

Trial judge accepted civilian and police observations and expert BAC extrapolation to find the accused's driving was impaired (160-190 mg% extrapolated), found on the balance of accepted evidence that the accused's vehicle clipped the complainant, and concluded the impairment materially contributed beyond the de...

Source-derived case information.

Citation
2019 BCSC 1905
Parties
Crown: Regina; Accused: Jaspreet Singh Bhatti; Complainant/victim: Fay Dewetter
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 May 2019
Procedural Posture
Criminal Impaired Driving Causing Bodily Harm / Trial Oral Reasons for Judgment (conviction)
Outcome
Guilty of impaired driving causing bodily harm; second count withdrawn by Crown at close of its case
Legal Topics
Impaired Driving Causing Bodily Harm, Causation (de Minimis Test), Credibility Assessment (w.(d.) Framework), Breath Analysis and Extrapolation of BAC
Source Language
english
Criminal Law Road Traffic Law Evidence Impaired Driving Causing Bodily Harm Causation (de Minimis Test) Credibility Assessment (w.(d.) Framework) Breath Analysis and Extrapolation of BAC

Source-derived case record

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Parties

Regina

Crown

Jaspreet Singh Bhatti

Accused

Fay Dewetter

Complainant/victim

Procedural Posture

Criminal Impaired Driving Causing Bodily Harm / Trial Oral Reasons for Judgment (conviction)

Legal Issues

  1. 1 Whether the accused's ability to drive was impaired by alcohol
  2. 2 Whether the accused's vehicle struck the complainant
  3. 3 Whether the accused's impairment was a contributing cause beyond de minimis of the complainant's bodily harm

Ratio Decidendi

Trial judge accepted civilian and police observations and expert BAC extrapolation to find the accused's driving was impaired (160-190 mg% extrapolated), found on the balance of accepted evidence that the accused's vehicle clipped the complainant, and concluded the impairment materially contributed beyond the de minimis range to the complainant's bodily harm; accordingly convicted the accused of impaired driving causing bodily harm.

Court Disposition

Guilty of impaired driving causing bodily harm; second count withdrawn by Crown at close of its case

Orders

  • Accused found guilty of impaired driving causing bodily harm
  • Count 2 withdrawn by Crown at close of its case