Ontario Court of Justice - Judgement
Item
Zotero
Abstract Note
8 pages.
"Criminal law --- Charter of Rights and Freedoms — Charter remedies [s. 24] — Exclusion of evidence Accused was charged with impaired driving and with driving over 80 — Accused's intoxilyzer tests were both 140 mg in 100ml of blood
— Accused brought application for order to exclude results of intoxilyzer tests because accused's rights under ss. 8 and 9 of Canadian Charter of Rights and Freedoms were violated — Application granted — Investigating officer subjectively believed on reasonable and probable grounds that accused had been operating vehicle within previous three hours while ability to operate vehicle was impaired by alcohol
— However, that belief was not objectively reasonable — Test results were excluded because their admission would bring administration of justice into disrepute — Exclusion of test results meant that there was no evidence to support over 80 — Crown failed to prove that accused's ability to operate motor vehicle was impaired by alcohol. Criminal law --- Offences — Driving/care and control with excessive alcohol — Proof by certificate of analysis of bodily substances — Admissibility of certificate — Miscellaneous Accused was charged with impaired driving and with driving over 80 — Accused's intoxilyzer tests were both 140 mg in 100ml of blood — Accused brought application for order to exclude results of intoxilyzer tests because accused's rights under ss. 8 and 9 of Canadian Charter of Rights and Freedoms were violated — Application granted — Investigating officer subjectively believed on reasonable and probable grounds that accused had been operating vehicle within previous three hours while ability to operate vehicle was impaired by alcohol
— However, that belief was not objectively reasonable — Test results were excluded."
"Criminal law --- Charter of Rights and Freedoms — Charter remedies [s. 24] — Exclusion of evidence Accused was charged with impaired driving and with driving over 80 — Accused's intoxilyzer tests were both 140 mg in 100ml of blood
— Accused brought application for order to exclude results of intoxilyzer tests because accused's rights under ss. 8 and 9 of Canadian Charter of Rights and Freedoms were violated — Application granted — Investigating officer subjectively believed on reasonable and probable grounds that accused had been operating vehicle within previous three hours while ability to operate vehicle was impaired by alcohol
— However, that belief was not objectively reasonable — Test results were excluded because their admission would bring administration of justice into disrepute — Exclusion of test results meant that there was no evidence to support over 80 — Crown failed to prove that accused's ability to operate motor vehicle was impaired by alcohol. Criminal law --- Offences — Driving/care and control with excessive alcohol — Proof by certificate of analysis of bodily substances — Admissibility of certificate — Miscellaneous Accused was charged with impaired driving and with driving over 80 — Accused's intoxilyzer tests were both 140 mg in 100ml of blood — Accused brought application for order to exclude results of intoxilyzer tests because accused's rights under ss. 8 and 9 of Canadian Charter of Rights and Freedoms were violated — Application granted — Investigating officer subjectively believed on reasonable and probable grounds that accused had been operating vehicle within previous three hours while ability to operate vehicle was impaired by alcohol
— However, that belief was not objectively reasonable — Test results were excluded."
Date
2016
Publisher
Ontario Court of Justice
Short Title
12 - R v Moore.pdf
Title
Ontario Court of Justice - Judgement
Attachment Title
12 - R v Moore.pdf
Collection
Citation
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