R. v. Whitehead

R. v. Whitehead

The court held the former presumption of identity continues to apply to transitional Over 80 cases, but the Crown failed to prove the requisite preconditions for both the presumption of identity (that each sample was received directly into the approved instrument) and the presumption of accuracy (including that the standard solution was certified/verified and specific calibration requirements), and therefore failed to prove beyond a reasonable doubt that the accused's BAC was Over 80 or that he operated while impaired; accused acquitted.

Citation
2020 NSPC 13
Parties
Crown: Her Majesty the Queen; Accused: Lucas Whitehead
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 January 2020
Procedural Posture
Criminal / Trial Judgment (oral Decision)
Outcome
Accused acquitted of charges under s.253(1)(a) and s.253(1)(b) of the Criminal Code
Legal Topics
Impaired Operation, Over 80 (bac Over 80), Presumption of Identity, Presumption of Accuracy, Transitional Provisions, Breathalyzer Evidence, Certificate/analyst Requirements
Source Language
English
Criminal Law Evidence Statutory Interpretation Traffic/impaired Driving Impaired Operation Over 80 (bac Over 80) Presumption of Identity Presumption of Accuracy +3 more

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Parties

Her Majesty the Queen

Crown

Lucas Whitehead

Accused

Procedural Posture

Criminal / Trial Judgment (oral Decision)

Legal Issues

  1. 1 Does the former presumption of identity (former s.258(1)(c)) apply to transitional cases?
  2. 2 Have the statutory prerequisites for the presumption of identity been proven (samples provided directly into approved instrument)?
  3. 3 Have the statutory prerequisites for the presumption of accuracy (s.320.31(1)) been proven (system blank, calibration against an alcohol standard certified by an analyst, 15 minute interval, results within range)?

Ratio Decidendi

The court held the former presumption of identity continues to apply to transitional Over 80 cases, but the Crown failed to prove the requisite preconditions for both the presumption of identity (that each sample was received directly into the approved instrument) and the presumption of accuracy (including that the standard solution was certified/verified and specific calibration requirements), and therefore failed to prove beyond a reasonable doubt that the accused's BAC was Over 80 or that he operated while impaired; accused acquitted.

Court Disposition

Accused acquitted of charges under s.253(1)(a) and s.253(1)(b) of the Criminal Code

Orders

  • Accused Lucas Whitehead is acquitted of impaired operation (s.253(1)(a)) and operation while blood alcohol concentration was over 80 (s.253(1)(b)).