Supreme Court

Decision Information

Decision Content

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

 

 

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