R. v. Miller

R. v. Miller

Although the court found the officer had reasonable suspicion to demand an ASD test, the prosecution failed to prove beyond a reasonable doubt that the accused knowingly and unequivocally refused the demand because of unresolved credibility and reliability issues and plausible misunderstanding that she had agreed to be taken to the detachment to provide a sample; therefore the accused was acquitted.

Citation
2021 NSPC 10
Parties
Crown: R.; Accused: Mary Miller
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 March 2021
Procedural Posture
Criminal Refusal to Provide Breath Sample (s.320.15 Criminal Code) / Trial Judgment
Outcome
Acquitted (Not Guilty)
Legal Topics
Refusal to Provide Breath Sample, Approved Screening Device (asd), Reasonable Suspicion, Credibility Assessment, W.d. Assessment
Source Language
English
Criminal Law Evidence Refusal to Provide Breath Sample Approved Screening Device (asd) Reasonable Suspicion Credibility Assessment W.d. Assessment

Case Brief

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Parties

R.

Crown

Mary Miller

Accused

Procedural Posture

Criminal Refusal to Provide Breath Sample (s.320.15 Criminal Code) / Trial Judgment

Legal Issues

  1. 1 Whether the peace officer had reasonable grounds to demand a breath sample under s.320.27(1)
  2. 2 Whether the accused knowingly failed or refused to comply with a demand under s.320.15
  3. 3 Whether the accused's words and conduct constituted a clear and unequivocal refusal

Ratio Decidendi

Although the court found the officer had reasonable suspicion to demand an ASD test, the prosecution failed to prove beyond a reasonable doubt that the accused knowingly and unequivocally refused the demand because of unresolved credibility and reliability issues and plausible misunderstanding that she had agreed to be taken to the detachment to provide a sample; therefore the accused was acquitted.

Court Disposition

Acquitted (Not Guilty)

Orders

  • Mary Miller is acquitted of the offence contrary to s.320.15 of the Criminal Code of Canada
  • Judgment accordingly