R. v. Keating

R. v. Keating

The Crown failed to prove it 'gave' the defendant a copy of the Certificate of Analysis as required by s.258(7); showing the certificate is insufficient and therefore the Certificate was inadmissible; absent admissible certificate evidence the Crown did not prove the offences and the defendant must be acquitted.

Citation
2012 NSPC 129
Parties
Prosecution: Her Majesty the Queen; Defendant: Terry Paul John Keating
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 January 2012
Procedural Posture
Criminal / Trial Decision
Outcome
Certificate of Analysis excluded for non‑compliance with s.258(7); defendant acquitted of s.253(1)(a) and s.253(1)(b).
Legal Topics
Impaired Driving, Certificate of Analysis, Service of Documents, Admissibility of Evidence, Standard of Proof
Source Language
English
Criminal Law Evidence Law Impaired Driving Certificate of Analysis Service of Documents Admissibility of Evidence Standard of Proof

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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Terry Paul John Keating

Defendant

Procedural Posture

Criminal / Trial Decision

Legal Issues

  1. 1 Whether the Crown complied with Criminal Code s.258(7) by giving the defendant a copy of the Certificate of Analysis
  2. 2 Whether the breath tests were received as soon as practicable (27 minute delay)

Ratio Decidendi

The Crown failed to prove it 'gave' the defendant a copy of the Certificate of Analysis as required by s.258(7); showing the certificate is insufficient and therefore the Certificate was inadmissible; absent admissible certificate evidence the Crown did not prove the offences and the defendant must be acquitted.

Court Disposition

Certificate of Analysis excluded for non‑compliance with s.258(7); defendant acquitted of s.253(1)(a) and s.253(1)(b).

Orders

  • Certificate of Analysis excluded from evidence for failure to comply with Criminal Code s.258(7)
  • Defendant Terry Paul John Keating found not guilty of offences contrary to Criminal Code s.253(1)(a) and s.253(1)(b)