R. v. Sampson

R. v. Sampson

Because there was no evidence presented as to the accused's blood alcohol level, the Crown failed to prove an essential element of s.253(b) and the charge was dismissed on a motion for a directed verdict.

Citation
2008 NSPC 33
Parties
Crown: R.; Defendant: Gordon Sampson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 April 2008
Procedural Posture
Criminal Impaired Driving (s.253(b) Cc) / Motion for Directed Verdict
Outcome
Charge under s.253(b) of the Criminal Code dismissed on directed verdict
Legal Topics
Impaired Driving, Section 253(b) Criminal Code, Directed Verdict
Source Language
English
Criminal Law Impaired Driving Section 253(b) Criminal Code Directed Verdict

Case Brief

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Parties

R.

Crown

Gordon Sampson

Defendant

Procedural Posture

Criminal Impaired Driving (s.253(b) Cc) / Motion for Directed Verdict

Legal Issues

  1. 1 Whether the Crown adduced evidence of the accused's blood alcohol level to support a s.253(b) charge
  2. 2 Whether a directed verdict/dismissal is required where there is no evidence to support the offence

Ratio Decidendi

Because there was no evidence presented as to the accused's blood alcohol level, the Crown failed to prove an essential element of s.253(b) and the charge was dismissed on a motion for a directed verdict.

Court Disposition

Charge under s.253(b) of the Criminal Code dismissed on directed verdict

Orders

  • Charge under s.253(b) Criminal Code dismissed