IN THE SUPREME COURT OF NOVA SCOTIA
Citation: R. v. C.A.S., 2006 NSSC 215
Date: 20060628
Docket: Cr. S.AT. No. 258379
Registry: Antigonish
Between:
C.A.S.
Appellant
v.
Her Majesty the Queen
Respondent
LIBRARY HEADING
Editorial Notice: Identifying information has been removed from this electronic version of the library sheet.
Judge: The Honourable Justice Douglas L. MacLellan
Heard: June 27, 2006 in Antigonish, Nova Scotia
Written Decision: Wednesday, June 28, 2006
Subject: Criminal Appeal - Criminal appeal from conviction of charge under Section 254(2) of the Criminal Code.
Summary: Appellant went to the police station to report domestic assault. Police officers observed symptoms of alcohol consumption and erratic driving as she got out of her vehicle in parking lot. Appellant taken into police station and in interview room police officer gave her a Section 254(2) demand for a breath test. She refused. Trial Judge held appellant not detained until demand given and that demand did not have to be given outside of police station to make demand legal.
Issue: Was demand lawful in these circumstances?
Result: Appeal dismissed. Trial judge’s findings were reasonable and he made no error of law.
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