The Crown appealed the accused's summary conviction acquittal for failing to provide a breath sample.
The trial judge had acquitted the accused despite disbelieving his testimony about medical distress, finding that the Crown failed to disprove the accused's 'reasonable excuse' beyond a reasonable doubt.
The Superior Court of Justice allowed the appeal, holding that the trial judge committed a reversible error of law by reversing the burden of proof; the onus is on the accused to prove a reasonable excuse on a balance of probabilities.
A new trial was ordered.
