R. v. MacDougall

R. v. MacDougall

Court accepted expert extrapolations and trial evidence that the accused’s BAC could not have been lower than 108 mg% at time of the crash, found that level and the driving evidence established impairment beyond a reasonable doubt and that impairment contributed to loss of control causing Emily Cardwell’s death, and therefore convicted under s.253(1)(a) and s.255(3); overlapping counts were stayed to avoid multiple convictions for the same delict.

Citation
2011 NSPC 7
Parties
Crown: Her Majesty the Queen; Defendant: Eric Devoe MacDougall
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 January 2011
Procedural Posture
Criminal Impaired Driving Causing Death / Trial Verdict
Outcome
Guilty on s.253(1)(a) (impaired driving) and s.255(3) (causing death by impaired driving); stays entered on s.253(1)(b), s.255(3.1) and s.220.
Legal Topics
Impaired Driving, Causation, Blood Alcohol Concentration Extrapolation, Admissibility of Hospital Blood Analysis, Multiple Convictions / Stays, Criminal Negligence
Source Language
English
Criminal Law Forensic Toxicology Evidence Road Traffic Law Impaired Driving Causation Blood Alcohol Concentration Extrapolation Admissibility of Hospital Blood Analysis +2 more

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Parties

Her Majesty the Queen

Crown

Eric Devoe MacDougall

Defendant

Procedural Posture

Criminal Impaired Driving Causing Death / Trial Verdict

Legal Issues

  1. 1 Whether the accused was impaired within meaning of s.253(1)(a)
  2. 2 Whether the accused’s BAC exceeded 80 mg% at time of driving (s.253(1)(b))
  3. 3 Whether impaired driving caused death (s.255(3))

Ratio Decidendi

Court accepted expert extrapolations and trial evidence that the accused’s BAC could not have been lower than 108 mg% at time of the crash, found that level and the driving evidence established impairment beyond a reasonable doubt and that impairment contributed to loss of control causing Emily Cardwell’s death, and therefore convicted under s.253(1)(a) and s.255(3); overlapping counts were stayed to avoid multiple convictions for the same delict.

Court Disposition

Guilty on s.253(1)(a) (impaired driving) and s.255(3) (causing death by impaired driving); stays entered on s.253(1)(b), s.255(3.1) and s.220.

Orders

  • Convicted: s.253(1)(a) impaired operation of motor vehicle
  • Convicted: s.255(3) impaired driving causing death