R. v. MacArthur (D.A.), (2008) 260 N.S.R.(2d) 336 (CA)

• Judge: MacDonald, C.J.N.S., Hamilton and Fichaud, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: January 15, 2008
• Jurisdiction: Nova Scotia
• Citations: (2008), 260 N.S.R.(2d) 336 (CA);2008 NSCA 4

R. v. MacArthur (D.A.) (2008), 260 N.S.R.(2d) 336 (CA);

    831 A.P.R. 336

MLB headnote and full text

Temp. Cite: [2008] N.S.R.(2d) TBEd. JA.008

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

(CAC 282970; 2008 NSCA 4)

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

Nova Scotia Court of Appeal

MacDonald, C.J.N.S., Hamilton and Fichaud, JJ.A.

January 15, 2008.

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, in a decision reported at 255 N.S.R.(2d) 139; 814 A.P.R. 139, dismissed the appeal. The accused appealed.

The Nova Scotia Court of Appeal 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 summary conviction appeal 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 - The accused appealed - The Nova Scotia Court of Appeal dismissed the appeal.

Counsel:

William P. Burchell, for the appellant;

William D. Delaney, for the respondent.

This appeal was heard in Halifax, Nova Scotia, on January 15, 2008, by MacDonald, C.J.N.S., Hamilton and Fichaud, JJ.A., of the Nova Scotia Court of Appeal. MacDonald, C.J.N.S., delivered the following oral decision on the same date.