Summary

Keywords

Criminal law - Trial - Criminal law — Trial — Whether the lower courts erred and the applicant should not have been convicted? — Whether the trial judge erred in not admitting new and fresh evidence; in not addressing the Charter issues; in not finding that there was incomplete disclosure; in not finding that counsel was incompetent and ineffective; in not recusing herself because she was biased —Whether there was a lack of evidence to support a conviction — Whether the police breached the applicant’s rights — Whether the toxicologist report was invalid — Whether there was a miscarriage of justice?.

Summary

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The police responded to three 911 calls reporting the single vehicle accident, the first one received at 1:46 a.m. When the police attended the scene, a damaged vehicle was on the grassy median. There was no one in the vehicle and no one, aside from first responders, on the scene. The car was registered in the name of Mr. Kuffuor. Shortly thereafter, Mr. Kuffuor arrived at the scene of the accident on foot. The trial judge accepted the officer’s evidence that he believed he had reasonable and probable grounds on which to arrest Mr. Kuffuor for impaired driving. The toxicologist’s report established that at the time when the accident likely occurred as decided in reference to various 911 calls, Mr. Kuffuor would have had a blood alcohol level above the legal limit and in the toxicologist’s opinion he would have been impaired. Mr. Kuffuor was convicted of impaired driving and driving with a blood alcohol concentration over the legal limit. His conviction appeal was dismissed and the convictions were upheld. His application for leave to appeal was dismissed by the Court of Appeal.