R. v. Levy

R. v. Levy

Officer lacked reasonable and probable grounds because her evidence showed only a suspicion of alcohol (smell) and the occurrence of an accident without supporting indicia of impairment; therefore the blood demand under s.254(3) was unlawful, constituted a s.8 Charter breach and the blood evidence was excluded under s.24(1), resulting in acquittal.

Citation
2007 NSPC 79
Parties
Prosecution: Her Majesty the Queen; Defendant: Matthew Levy
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 June 2007
Procedural Posture
Criminal / Pre Trial Voir Dire on Admissibility of Blood Evidence
Outcome
Blood evidence excluded; accused found not guilty on both counts under s.253
Legal Topics
Section 8 Charter Search and Seizure, Section 24(1) Charter Remedy, Blood Demand Under S.254(3) Criminal Code, Impaired Operation Under S.253 Criminal Code, Reasonable and Probable Grounds Test
Source Language
English
Criminal Law Constitutional Law Search and Seizure Road Traffic/impaired Driving Section 8 Charter Search and Seizure Section 24(1) Charter Remedy Blood Demand Under S.254(3) Criminal Code Impaired Operation Under S.253 Criminal Code +1 more

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Parties

Her Majesty the Queen

Prosecution

Matthew Levy

Defendant

Procedural Posture

Criminal / Pre Trial Voir Dire on Admissibility of Blood Evidence

Legal Issues

  1. 1 Whether the police had reasonable and probable grounds under s.254(3) to demand blood
  2. 2 Whether the taking of blood without judicial authorization violated s.8 of the Charter
  3. 3 Whether the accused was properly informed of his right to counsel

Ratio Decidendi

Officer lacked reasonable and probable grounds because her evidence showed only a suspicion of alcohol (smell) and the occurrence of an accident without supporting indicia of impairment; therefore the blood demand under s.254(3) was unlawful, constituted a s.8 Charter breach and the blood evidence was excluded under s.24(1), resulting in acquittal.

Court Disposition

Blood evidence excluded; accused found not guilty on both counts under s.253

Orders

  • Blood analysis evidence excluded under s.24(1) of the Charter
  • Accused acquitted on charges under s.253(a) and s.253(b) of the Criminal Code