The appellant, unrepresented at trial, was convicted of impaired care or control and refusing a breath sample.
The appeal court found that the trial judge failed to adequately assist the unrepresented accused by not explaining the essential elements of the offences, particularly regarding the evidentiary shortcut for care or control and the reverse onus for reasonable excuse in refusing a breath sample.
This failure resulted in an unfair trial, constituting a miscarriage of justice.
The curative proviso was deemed inapplicable.
The appeal was allowed, convictions set aside, and a new trial ordered on both counts.
