SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Al-Mansoob, 2013 NSSC 79
Date: 20130206
Docket: Hfx No. 374560A
Registry: Halifax
Between:
Her Majesty the Queen
Appellant
v.
Abdullah Al-Mansoob
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Michael J. Wood
Heard: February 6, 2013, in Halifax, Nova Scotia
Written Decision: March 6, 2013
Subject: Criminal Law - Refusal of Breathalyzer Demand - section 254(5) of the Criminal Code
Summary Conviction Appeal - Standard of Review
Summary: The appellant was acquitted of a charge under s. 254(5) of the Code on the basis that the trial judge found that the demand was made under the Motor Vehicle Act and not the Code.
Issue: The basis for the judge=s conclusion was the officer=s testimony that the appellant=s status as a new driver was a factor in his decision to make the demand.
Should the Crown=s appeal be granted?
Result: The judge=s decision was unreasonable because it did not address the discussions between the officer and the appellant which showed that the demand was being made under the Code. In addition, a demand for a breath sample can result in consequences under both the Code and the Motor Vehicle Act - these are not mutually exclusive.
Appeal allowed and conviction entered.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.