R. v. Sampson

Considering the whole of the evidence — unusual driving conduct observed while operating the ATV, post-driving indicators (odour of alcohol, slurred speech, staggering) and corroborating officer testimony — the Crown proved beyond a reasonable doubt that the accused's ability to operate a motor vehicle was impaired by alcohol; accused convicted under s.253(a) CC.

Citation: 2008 NSPC 34
Parties: Crown: R.; Accused: Gordon Sampson
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 29 April 2008
Procedural Posture: Criminal Impaired Operation (s.253(a) Cc) / Trial Decision
Outcome: Accused found guilty of operating a motor vehicle while ability impaired by alcohol (s.253(a) Criminal Code)
Legal Topics: Impaired Operation, Driving While Impaired, Standard of Proof, Evidentiary Assessment
Source Language: English

Criminal Law Impaired Operation Driving While Impaired Standard of Proof Evidentiary Assessment

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Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2

Parties

Crown

Gordon Sampson

Accused

Procedural Posture

Criminal Impaired Operation (s.253(a) Cc) / Trial Decision

Legal Issues

1 Whether the Crown proved beyond a reasonable doubt that the accused's ability to operate a motor vehicle was impaired by alcohol when observed operating an all-terrain vehicle

Ratio Decidendi

Court Disposition

Accused found guilty of operating a motor vehicle while ability impaired by alcohol (s.253(a) Criminal Code)

Orders

Convicted of the offence under s.253(a) Criminal Code