R. v. Wamboldt

R. v. Wamboldt

The officer possessed reasonable and probable grounds for the breath demand and lawful arrest based on observable indicia of intoxication; the detention was not arbitrary; the force used was proportionate and necessary to effect the arrest; the breath samples and subsequent search were lawful; the accused unequivocally waived his s.10(b) right to counsel; consequently no Charter breach occurred and the evidence is admissible.

Citation
2007 NSPC 20
Parties
Crown: R.; Defendant: Cory Richard Wamboldt
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 May 2007
Procedural Posture
Criminal Impaired Driving / Charter Challenge to Admissibility Under S.24(2) at Trial/decision on Voir Dire
Outcome
No Charter breaches found; all Crown evidence admissible
Legal Topics
Impaired Driving, Arrest, Search and Seizure, Right to Counsel, Use of Force, Exclusion of Evidence
Source Language
English
Criminal Law Constitutional Law Administrative Law Impaired Driving Arrest Search and Seizure Right to Counsel Use of Force +1 more

Case Brief

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Parties

R.

Crown

Cory Richard Wamboldt

Defendant

Procedural Posture

Criminal Impaired Driving / Charter Challenge to Admissibility Under S.24(2) at Trial/decision on Voir Dire

Legal Issues

  1. 1 Reasonable and probable grounds for breath demand and arrest
  2. 2 Arbitrary detention (s.9 Charter)
  3. 3 Excessive force (s.7 Charter)

Ratio Decidendi

The officer possessed reasonable and probable grounds for the breath demand and lawful arrest based on observable indicia of intoxication; the detention was not arbitrary; the force used was proportionate and necessary to effect the arrest; the breath samples and subsequent search were lawful; the accused unequivocally waived his s.10(b) right to counsel; consequently no Charter breach occurred and the evidence is admissible.

Court Disposition

No Charter breaches found; all Crown evidence admissible

Orders

  • All evidence presented by the Crown is admissible
  • No exclusion of evidence under s.24(2)