R. v. Shaw

R. v. Shaw

The demand was legally adequate but the accused's responses were ambiguous and not an unequivocal refusal; police should have asked more pointed questions or presented the breathalyzer before concluding refusal; Crown failed to prove both impairment and a clear refusal beyond a reasonable doubt, therefore the accused must be acquitted.

Citation
2010 NSPC 95
Parties
Crown: Her Majesty The Queen; Accused: Deborah Colleen Shaw
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
6 December 2010
Procedural Posture
Criminal / Trial Decision
Outcome
Not guilty on both counts
Legal Topics
Refusal to Provide Breath Sample, Demand Clarity, Right to Counsel, Proof Beyond Reasonable Doubt
Source Language
English
Criminal Law Impaired Driving Evidence Charter Rights Refusal to Provide Breath Sample Demand Clarity Right to Counsel Proof Beyond Reasonable Doubt

Case Brief

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Parties

Her Majesty The Queen

Crown

Deborah Colleen Shaw

Accused

Procedural Posture

Criminal / Trial Decision

Legal Issues

  1. 1 Whether the accused refused a lawful demand for breath samples under s.254(5) Criminal Code
  2. 2 Whether the Crown proved beyond a reasonable doubt that the accused operated a motor vehicle while impaired contrary to s.253(a) Criminal Code
  3. 3 Whether the breath demand was sufficiently clear and comprehensible to the accused

Ratio Decidendi

The demand was legally adequate but the accused's responses were ambiguous and not an unequivocal refusal; police should have asked more pointed questions or presented the breathalyzer before concluding refusal; Crown failed to prove both impairment and a clear refusal beyond a reasonable doubt, therefore the accused must be acquitted.

Court Disposition

Not guilty on both counts

Orders

  • Verdict entered: Not guilty on s.254(5) and s.253(a) Criminal Code