The appellant, Ali Mankal, appealed his conviction for operating a motor vehicle while impaired by drug.
The appeal centered on whether the trial judge materially misapprehended the Drug Recognition Expert's (DRE) opinion evidence regarding the cause of pinpoint pupils.
The defence argued that the impairment, including pinpoint pupils, could be attributed to a concussion, while the trial judge concluded it was solely due to drug impairment, relying on a misinterpretation of the DRE's testimony.
The appellate court found that the trial judge's misapprehension of this critical evidence played an essential part in the conviction, leading to a miscarriage of justice.
