R. v. MacArthur (D.A.), (2007) 255 N.S.R.(2d) 139 (SC)

• Judge: Edwards, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 22, 2007
• Jurisdiction: Nova Scotia
• Citations: (2007), 255 N.S.R.(2d) 139 (SC);2007 NSSC 170

R. v. MacArthur (D.A.) (2007), 255 N.S.R.(2d) 139 (SC);

    814 A.P.R. 139

MLB headnote and full text

Temp. Cite: [2007] N.S.R.(2d) TBEd. JN.013

Her Majesty the Queen (respondent) v. Daniel A. MacArthur (appellant)

(SN 265962; 2007 NSSC 170)

Indexed As: R. v. MacArthur (D.A.)

Nova Scotia Supreme Court

Edwards, J.

June 5, 2007.

Summary:

The accused was involved in a single vehicle accident. A blood-alcohol reading of .189 was derived from a sample of his blood taken at 1:06 a.m. From that reading the Crown's expert extrapolated the accused's blood-alcohol level back to 10:50 p.m., the time of the accident, and determined it to be .182 to .105. She testified that, in her opinion, he would be impaired with those readings. The accused was convicted of driving while impaired contrary to s. 253(a) of the Criminal Code. A charge under s. 253(b) (over .08) was stayed. The accused appealed.

The Nova Scotia Supreme Court dismissed the appeal.

Criminal Law - Topic 1362

Motor vehicles - Impaired driving - Evidence and proof - The accused was involved in a single vehicle accident - A blood-alcohol reading of .189 was derived from a sample of his blood taken at 1:06 a.m. - From that reading the Crown's expert extrapolated the accused's blood-alcohol level back to 10:50 p.m., the time of the accident, and determined it to be .182 to .105 - She testified that, in her opinion, he would be impaired with those readings - The accused was convicted of driving while impaired contrary to s. 253(a) of the Criminal Code - A charge under s. 253(b) (over .08) was stayed - The Nova Scotia Supreme Court dismissed the accused's appeal - The assumptions relied upon by the expert to do the extrapolation were well established in the evidence and there was other evidence to support the finding of impairment - The Crown was not required to prove that the accused's blood-alcohol level exceeded .08 in order to convict under s. 253(a) - However, the expert's evidence was probative, admissible and of assistance in considering whether the accused's ability to operate a motor vehicle was impaired by alcohol.

Cases Noticed:

R. v. Knox (J.D.) (2001), 191 N.S.R.(2d) 288; 596 A.P.R. 288 (Prov. Ct.), dist. [para. 17].

R. v. Davidson (R.) (1998), 171 N.S.R.(2d) 312; 519 A.P.R. 312 (S.C.), dist. [para. 21].

R. v. Stellato (T.) (1994), 168 N.R. 190; 72 O.A.C. 140; 90 C.C.C.(3d) 160 (S.C.C.), refd to. [para. 31].

R. v. Andrews (M.A.) (1996), 178 A.R. 182; 110 W.A.C. 182 (C.A.), refd to. [para. 31].

R. v. Boucher (E.), [2005] 3 S.C.R. 499; 342 N.R. 42; 2005 SCC 72, refd to. [para. 49].

R. v. Gibson (R.A.) (2006), 243 N.S.R.(2d) 325; 772 A.P.R. 325; 2006 NSCA 51, leave to appeal granted (2006), 363 N.R. 391 (S.C.C.), refd to. [paras. 49, 50].

R. v. Cave (J.A.) (2006), 243 N.S.R.(2d) 320; 772 A.P.R. 320; 2006 NSCA 52, refd to. [para. 49].

R. v. MacDonald (M.F.) (2006), 391 A.R. 140; 377 W.A.C. 140 (C.A.), leave to appeal granted (2006), 363 N.R. 393 (S.C.C.), refd to. [para. 50].

R. v. Crouse (R.P.) (2006), 247 N.S.R.(2d) 333; 785 A.P.R. 333 (Prov. Ct.), appld. [para. 55].

R. v. Stevens (G.E.) (2007), 255 N.S.R.(2d) 201; 814 A.P.R. 201; 2007 NSSC 148, refd to. [para. 58].

R. v. Prosper, [1994] 3 S.C.R. 236; 172 N.R. 161; 133 N.S.R.(2d) 321; 380 A.P.R. 321, refd to. [para. 62].

Counsel:

D. Shane Russell, for the respondent;

William P. Burchell, for the appellant.

This appeal was heard on May 22, 2007, in Sydney, N.S., by Edwards, J., of the Nova Scotia Supreme Court, who delivered the following reasons for decision on June 5, 2007.