Ontario criminal | Appeal
RIGHT OF APPEAL
Leave to appeal denied where case turned on application of well-established legal test to specific fact situation
Crown applied for leave to appeal judgment dismissing Crown’s appeal from acquittal of accused on charge of driving with excessive alcohol. Leave to appeal denied. Legal test for determining whether breath tests were administered “as soon as practicable” was well established. This case turned on application of that well established test to very specific fact situation. It was far from clear to court that appeal raised question of law alone. However, even if it did, question as framed would not have any significance beyond this case. Neither trial judge, nor Summary Conviction Appeal Court purported to hold that any delay associated with allowing detainee to contact parent would run afoul of “as soon as practicable” requirement. Instead, trial judge and Summary Conviction Appeal Court looked at totality of circumstances in context of “as soon as practicable” requirement in deciding whether officer acted reasonably.
R. v. Crewson (Apr. 17, 2015, Ont. C.A., Doherty J.A., Cronk J.A., and Hourigan J.A., File No. CA C59450) Leave to appeal from 115 W.C.B. (2d) 223 was refused. 121 W.C.B. (2d) 23.
Leave to appeal denied where case turned on application of well-established legal test to specific fact situation
Crown applied for leave to appeal judgment dismissing Crown’s appeal from acquittal of accused on charge of driving with excessive alcohol. Leave to appeal denied. Legal test for determining whether breath tests were administered “as soon as practicable” was well established. This case turned on application of that well established test to very specific fact situation. It was far from clear to court that appeal raised question of law alone. However, even if it did, question as framed would not have any significance beyond this case. Neither trial judge, nor Summary Conviction Appeal Court purported to hold that any delay associated with allowing detainee to contact parent would run afoul of “as soon as practicable” requirement. Instead, trial judge and Summary Conviction Appeal Court looked at totality of circumstances in context of “as soon as practicable” requirement in deciding whether officer acted reasonably.
R. v. Crewson (Apr. 17, 2015, Ont. C.A., Doherty J.A., Cronk J.A., and Hourigan J.A., File No. CA C59450) Leave to appeal from 115 W.C.B. (2d) 223 was refused. 121 W.C.B. (2d) 23.
