Summary

31546

Robert Albert Gibson v. Her Majesty the Queen

(Nova Scotia) (Criminal) (By Leave)

Keywords

None.

Summary

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Criminal law (non Charter) - Evidence - Operation of vehicle with blood alcohol concentration exceeding legal limit - Statutory presumption of identity - Rebutting presumption with evidence tending to show that the concentration of alcohol in the blood did not exceed the legal limit - Whether the Court of Appeal erred in its interpretation of R. v. Boucher, [2005] 3 S.C.R. 499, 2005 SCC 72 - Whether the Court of Appeal erred in applying scientific principles, the foundation for which was not before the Court - Whether the Court of Appeal erred by effectively removing the statutory defence of evidence to the contrary.

The Applicant was acquitted of operating a vehicle while having 100 milligrams of alcohol per 100 millilitres of blood. He testified concerning his alcohol consumption immediately preceding the offence and his testimony was corroborated by another witness. An expert witness for the defence estimated that, based on the alcohol absorption and elimination rates of the general population, someone of the Applicant's weight, who had consumed the stated quantities of alcohol would have between 40 and 105 milligrams of alcohol per 100 millilitres of blood at the time of the offence.

Lower Court Rulings

April 21, 2004
Provincial Court of Nova Scotia

1339511
Applicant acquitted of impaired driving under s. 253(b) of the Criminal Code
November 18, 2004
Supreme Court of Nova Scotia, Trial Division

S.K. 222870
Appeal dismissed
April 28, 2006
Nova Scotia Court of Appeal

CAC 237840, 2006 NSCA 51
Leave to appeal granted; appeal allowed; acquittal set aside and new trial ordered
 

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