R. v. Harrison

R. v. Harrison

Asking the defendant to the police vehicle and observing him constituted permissible passive observation under s.254(2) and did not breach s.10(b); the accused understood and unequivocally declined counsel, the Certificate of Qualified Technician is admissible and establishes a BAC of 140 mg/100ml, resulting in conviction for the charges with a stay on the s.253(a) charge under Kienapple.

Citation
2005 NSPC 20
Parties
Crown: R.; Defendant: Lawrence Walter Harrison
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 June 2005
Procedural Posture
Criminal Impaired Driving / Trial (voir Dire on Admissibility)
Outcome
Certificate admitted; defendant found guilty of offences under ss.253(a) and (b); stay entered on s.253(a) pursuant to Kienapple.
Legal Topics
Impaired Driving, Right to Counsel S.10(b), Roadside Screening Device, Admissibility of Breathalyzer Evidence, Kienapple (stay)
Source Language
English
Criminal Law Constitutional Law Evidence Impaired Driving Right to Counsel S.10(b) Roadside Screening Device Admissibility of Breathalyzer Evidence Kienapple (stay)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

R.

Crown

Lawrence Walter Harrison

Defendant

Procedural Posture

Criminal Impaired Driving / Trial (voir Dire on Admissibility)

Legal Issues

  1. 1 Grounds for roadside screening demand
  2. 2 Defendant's understanding of the right to counsel
  3. 3 Waiver of the right to counsel

Ratio Decidendi

Asking the defendant to the police vehicle and observing him constituted permissible passive observation under s.254(2) and did not breach s.10(b); the accused understood and unequivocally declined counsel, the Certificate of Qualified Technician is admissible and establishes a BAC of 140 mg/100ml, resulting in conviction for the charges with a stay on the s.253(a) charge under Kienapple.

Court Disposition

Certificate admitted; defendant found guilty of offences under ss.253(a) and (b); stay entered on s.253(a) pursuant to Kienapple.

Orders

  • Certificate of Qualified Technician admitted into evidence
  • Defendant convicted of Criminal Code s.253(b) (blood alcohol over 80 mg/100ml)