R. c. Forbes

R. c. Forbes

The judge accepted the accused's testimony that he had no intention to drive, found that he had implemented the same decision earlier and had an open reservation, and concluded there was no realistic risk the accused would put the vehicle in motion while impaired; because the Crown failed to prove the essential elements beyond a reasonable doubt, the accused was acquitted of both s.253(1)(a) and s.253(1)(b) offences. The Charter issues were rendered unnecessary to decide given the acquittal.

Citation
2018 NSPC 28
Parties
Prosecution: Her Majesty the Queen; Accused: Pascal Forbes
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 April 2018
Procedural Posture
Criminal Impaired Driving / Trial Verdict
Outcome
Accused Pascal Forbes acquitted of both charges under s.253(1)(a) and s.253(1)(b) of the Criminal Code
Legal Topics
Section 253(1)(a) Criminal Code (impaired Driving), Section 253(1)(b) Criminal Code (over 80 Mg), Charter Language Services, Credibility and Reliability of Witness Testimony, Burden of Proof Beyond Reasonable Doubt, Risk of Danger Assessment
Source Language
English
Criminal Law Impaired Driving Charter Language Rights Evidence Law Section 253(1)(a) Criminal Code (impaired Driving) Section 253(1)(b) Criminal Code (over 80 Mg) Charter Language Services Credibility and Reliability of Witness Testimony +2 more

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Parties

Her Majesty the Queen

Prosecution

Pascal Forbes

Accused

Procedural Posture

Criminal Impaired Driving / Trial Verdict

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused drove while impaired contrary to s.253(1)(a) Criminal Code
  2. 2 Whether the Crown proved beyond a reasonable doubt that the accused drove with blood alcohol over 80 mg per 100 ml contrary to s.253(1)(b) Criminal Code
  3. 3 Whether the accused presented a realistic risk of danger by being in the vehicle with engine running

Ratio Decidendi

The judge accepted the accused's testimony that he had no intention to drive, found that he had implemented the same decision earlier and had an open reservation, and concluded there was no realistic risk the accused would put the vehicle in motion while impaired; because the Crown failed to prove the essential elements beyond a reasonable doubt, the accused was acquitted of both s.253(1)(a) and s.253(1)(b) offences. The Charter issues were rendered unnecessary to decide given the acquittal.

Court Disposition

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

Orders

  • Pascal Forbes is acquitted of the offences contrary to s.253(1)(a) and s.253(1)(b) of the Criminal Code.
  • Charter issues concerning French-language police services at the Marine Atlantic terminal and the provision of an Ontario duty counsel number were not decided as they were unnecessary in light of the acquittal.