IN THE SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Muise, 2005 NSSC 104
Date: 20050505
Docket: SN No. 218776
Registry: Sydney
Between:
Ernest Wayne Muise
Appellant
v.
Her Majesty the Queen
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Frank Edwards
Heard: April 25, 2005, in Sydney, Nova Scotia
Subject: Criminal law; impaired driving, Code s. 253(a)
Facts: Following a motor vehicle accident, the Appellant's breathalyzer readings were 70 milligrams per cent. He admitted some drinking and the ingestion of prescription medication. A toxicologist testified for the Crown. The trial judge found the Appellant guilty of impaired driving.
Issue: Whether the guilty verdict was unreasonable and not supported by the evidence.
Result: Appeal dismissed. The verdict was one which the trial judge, acting judicially, could reasonably make.
Cases Noted: R. v. Stellato (1993) 12 O.R. (3d) 90 (Ont. C.A.);
Miller v. R. (1999) No. 149303;
Langille v. Midway Motors Ltd., (2002) 202 NSR (2d) 398
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.
QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.