R. v. Cassidy

R. v. Cassidy

The certificate's identification of the standard alcohol solution as 'standard alcohol solution Bodycote lot 30151' satisfied s.258(1)(g)(i); transporting the accused to the nearest open detachment (Lunenburg) was reasonable and without undue delay; the unexplained thirteen minutes (after the 15 minute observation) within a total elapsed time of 1 hour 23 minutes was not significant in the circumstances; the identical test readings permitted the Crown to rely on the s.258(1)(c) presumption that the accused's blood alcohol at the time of driving was 200 mg/100 ml; accordingly the Crown proved the elements of s.253(b) and the accused was convicted.

Citation
2003 NSPC 4
Parties
Crown: Her Majesty the Queen; Defendant: Edward James Joseph Cassidy
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 February 2003
Procedural Posture
Criminal / Trial (decision at Trial Conviction)
Outcome
Convicted
Legal Topics
Section 253(b) Criminal Code, Section 258(1)(c) Presumption, Standard Alcohol Solution Identification, Delay in Administering Breathalyzer, Admissibility of Certificate
Source Language
English
Criminal Law Evidence Procedural Law Impaired Driving Forensic Procedures/breathalyzer Section 253(b) Criminal Code Section 258(1)(c) Presumption Standard Alcohol Solution Identification +2 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Edward James Joseph Cassidy

Defendant

Procedural Posture

Criminal / Trial (decision at Trial Conviction)

Legal Issues

  1. 1 Whether the standard alcohol solution was adequately identified in the Certificate of Qualified Technician
  2. 2 Whether unexplained delay in transportation or before the first breath test deprived Crown of the s.258(1)(c) presumption

Ratio Decidendi

The certificate's identification of the standard alcohol solution as 'standard alcohol solution Bodycote lot 30151' satisfied s.258(1)(g)(i); transporting the accused to the nearest open detachment (Lunenburg) was reasonable and without undue delay; the unexplained thirteen minutes (after the 15 minute observation) within a total elapsed time of 1 hour 23 minutes was not significant in the circumstances; the identical test readings permitted the Crown to rely on the s.258(1)(c) presumption that the accused's blood alcohol at the time of driving was 200 mg/100 ml; accordingly the Crown proved the elements of s.253(b) and the accused was convicted.

Court Disposition

Convicted

Orders

  • Certificate of Qualified Technician admitted in evidence
  • Defendant convicted of driving with bodily alcohol concentration of 200 milligrams of alcohol in 100 millilitres of blood contrary to s.253(b) of the Criminal Code