R. v. Doyle

R. v. Doyle

The blood demand was invalid because the officer did not reasonably establish, at the time of the demand, that obtaining a breath sample was impracticable and failed to make sufficient inquiries into the accused's medical status and likely hospital detention; accordingly the accused could not be convicted of refusing a lawful demand.

Citation
2009 NSPC 71
Parties
Crown: Her Majesty the Queen; Accused: Elizabeth Ann Doyle
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 November 2009
Procedural Posture
Criminal Impaired Driving and Refusal to Provide Samples / Trial Decision (acquittal on Refusal Charge)
Outcome
Acquitted of refusing to comply with blood demand (s.254(5) of the Criminal Code).
Legal Topics
Blood Demand Under S.254(3), Impracticability Test, Breath Vs Blood Sampling, Presumption of Identity (two Hour Window), Refusal to Comply S.254(5)
Source Language
English
Criminal Law Evidence Charter Rights Health Law Blood Demand Under S.254(3) Impracticability Test Breath Vs Blood Sampling Presumption of Identity (two Hour Window) +1 more

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Parties

Her Majesty the Queen

Crown

Elizabeth Ann Doyle

Accused

Procedural Posture

Criminal Impaired Driving and Refusal to Provide Samples / Trial Decision (acquittal on Refusal Charge)

Legal Issues

  1. 1 Whether the police had reasonable grounds under s.254(3) to demand blood
  2. 2 Whether obtaining a breath sample was 'impracticable' by reason of the accused's physical condition
  3. 3 Whether the demand was made 'as soon as practicable'

Ratio Decidendi

The blood demand was invalid because the officer did not reasonably establish, at the time of the demand, that obtaining a breath sample was impracticable and failed to make sufficient inquiries into the accused's medical status and likely hospital detention; accordingly the accused could not be convicted of refusing a lawful demand.

Court Disposition

Acquitted of refusing to comply with blood demand (s.254(5) of the Criminal Code).

Orders

  • Accused found not guilty of refusing to provide blood sample under s.254(5) of the Criminal Code.