Does the court have to draw reasonable inferences and make estimates of time where a peace officer has not kept reliable reference points of time during the investigation?
Saskatchewan, Canada
The following excerpt is from R. v. Huot, 2001 CanLII 368 (SK PC):
Likewise, as occurred in R v. Lott (supra), it is appropriate for the court to draw reasonable inferences and make estimates of time where a peace officer has, to some extent at least, kept reliable reference points of time during the course of the investigation. However, that process does not lend itself to the situation herein, where the court was left with a gap of thirty-five minutes, and expected to fill in the blanks. As was apparent from the consideration of this issue in the motion for non-suit, such a review involves considerable guesswork, rather than a legal analysis with the court relying on its experience, and drawing reasonable inferences from established facts. In those circumstances, it could lead to a miscarriage of justice on the important issue of whether the breath samples were taken as soon as practicable.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances have courts found that a charge of grievous bodily harm is within the absolute jurisdiction of two justices of the peace? (Saskatchewan, Canada)
What is the test for an adult child to withdraw from parental charge by reason of pursuing a reasonable course of post-secondary education? (Saskatchewan, Canada)
In what circumstances will the Supreme Court review a decision by a majority of the Court of Appeal not adjourning on a motion of appeal? (Saskatchewan, Canada)
Does the Court of Appeal have any jurisdiction to interfere in a finding of fact from the lower courts? (Saskatchewan, Canada)
In what circumstances will the court require that a document be submitted so that its contents can be reviewed by the court to determine whether it is privileged? (Saskatchewan, Canada)
Can a police officer be reimbursed for any reasonable legal expenses incurred as a result of a criminal or statutory offence flowing from his duties and subsequently acquitted of such charges? (Saskatchewan, Canada)
Does a Traffic Safety Court Justice of the Peace (JPS) have any authority or authority to reject or reject the evidence presented by the defence? (Saskatchewan, Canada)
What is the reason why the court should be alert to detect and turn back attempts, to bring petitions under s. 3(d) of the Marriage and Divorce Act? (Saskatchewan, Canada)
In what circumstances will the court require that a document be submitted so that the contents of the document can be reviewed by the court to determine whether it is privileged? (Saskatchewan, Canada)
What is the effect of section 4(1) of the Statement of Claimant's Affidavit to the Court of Appeal allowing the Court to consider any evidence which is not confined to facts which the deponent is able to prove? (Saskatchewan, Canada)
