R. v. Comeau

R. v. Comeau

Given the technicians' detailed and unchallenged evidence that the defendant made multiple inadequate efforts and one excessive effort, the Crown proved beyond a reasonable doubt both the failure to provide a sample suitable for analysis and that the failure was intentional; the defendant failed to prove a reasonable excuse on the balance of probabilities; instrument malfunction was speculative and did not raise a reasonable doubt.

Citation
2009 NSPC 48
Parties
Crown: Her Majesty the Queen; Defendant: Kevin Peter Comeau
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 October 2009
Procedural Posture
Criminal / Trial Judgment (guilt Determination)
Outcome
Guilty
Legal Topics
Fail to Provide Breath Sample, Impaired Driving, Mens Rea, Reasonable Excuse, Breath Testing Procedure
Source Language
English
Criminal Law Evidence Fail to Provide Breath Sample Impaired Driving Mens Rea Reasonable Excuse Breath Testing Procedure

Case Brief

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Parties

Her Majesty the Queen

Crown

Kevin Peter Comeau

Defendant

Procedural Posture

Criminal / Trial Judgment (guilt Determination)

Legal Issues

  1. 1 Whether the defendant failed to provide a breath sample suitable for analysis
  2. 2 Whether the failure was intentional (mens rea)
  3. 3 Whether the defendant established a reasonable excuse (anxiety/asthma)

Ratio Decidendi

Given the technicians' detailed and unchallenged evidence that the defendant made multiple inadequate efforts and one excessive effort, the Crown proved beyond a reasonable doubt both the failure to provide a sample suitable for analysis and that the failure was intentional; the defendant failed to prove a reasonable excuse on the balance of probabilities; instrument malfunction was speculative and did not raise a reasonable doubt.

Court Disposition

Guilty

Orders

  • Charge under s.254 of the Criminal Code — guilty verdict
  • Charge under s.253(1)(a) (impaired driving) — dismissed at close of Crown case