R. v. Coombs (N.W.), (2013) 408 N.B.R.(2d) 374 (TD)

• Judge: Léger, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 04, 2013
• Jurisdiction: New Brunswick
• Citations: (2013), 408 N.B.R.(2d) 374 (TD);2013 NBQB 292

R. v. Coombs (N.W.) (2013), 408 N.B.R.(2d) 374 (TD);

    408 R.N.-B.(2e) 374; 1058 A.P.R. 374

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Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2013] N.B.R.(2d) TBEd. OC.023

Renvoi temp.: [2013] N.B.R.(2d) TBEd. OC.023

Neil Winston Coombs (appellant) v. Her Majesty the Queen (respondent)

(BCA/3/12; 2013 NBQB 292; 2013 NBBR 292)

Indexed As: R. v. Coombs (N.W.)

Répertorié: R. v. Coombs (N.W.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Bathurst

Léger, J.

March 18, 2013.

Summary:

Résumé:

The accused was convicted of driving while having an excessive blood-alcohol level, contrary to s. 253(1)(b) of the Criminal Code and was sentenced to a fine of $1,150 as well as a 12 month driving prohibition. He appealed his conviction.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the appeal and ordered a new trial.

Criminal Law - Topic 1362

Offences against person and reputation - Motor vehicles - Impaired driving - Evidence and proof - The accused appealed his conviction for driving while having an excessive blood-alcohol level - At trial, the police officer testified that the accused's vehicle came up behind him at an excessive speed and passed him - He testified that he clocked the accused's speed on the radar before the accused passed him - The officer testified that he then stopped the accused's vehicle for speeding and noticed indicia of impairment which eventually led to the charge - The officer's notes, which were made two hours following the arrest, indicated that he followed the accused's vehicle before intercepting it - The notes further stated that he clocked the accused's vehicle for speeding while he was following the accused - The main issue at trial was the credibility and reliability of the officer's evidence as a result of the discrepancy between his written notes and his oral evidence at trial - The trial judge found that the mistakes in the notes were corrected by a DVD recording of the incident not admitted at trial, but referred to by the officer - The New Brunswick Court of Queen's Bench, Trial Division, allowed the appeal and ordered a new trial - The trial judge erroneously found corroboration of the officer's oral evidence of the incident by relying on the officer's own account of the evidence found in the DVD, without the benefit of the DVD being in evidence - The trial judge assumed that the officer's evidence was consistent with the contents of the DVD without the benefit of the evidence itself - That approach in the assessment of the evidence constituted a reversible error justifying appellate interference.

Criminal Law - Topic 5321

Evidence and witnesses - Corroboration - General - [See Criminal Law - Topic 1362 ].

Droit criminel - Cote 1362

Infractions contre la personne et la réputation - Véhicules à moteur - Capacité de conduite affaiblie - Preuve - [Voir Criminal Law - Topic 1362 ].

Droit criminel - Cote 5321

Preuve et témoins - Corroboration - Généralités - [Voir Criminal Law - Topic 5321 ].

Cases Noticed:

R. v. Fowler (M.O.) (2006), 304 N.B.R.(2d) 106; 788 A.P.R. 106 (C.A.), refd to. [para. 16].

Counsel:

Avocats:

Jean Guy Henry, for the appellant;

Mélanie Poirier LeBlanc, for the respondent.

This appeal was heard on March 4, 2013, by Léger, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Bathurst, who delivered the following decision on March 18, 2013.