R. v. Johnstone

[1977] O.J. No. 2859

Facts

ON PD

police observed vehicle swerve over centre line, sweeping motion of curves, speed varying up and down and slowing considerably, no speeding, parking lot stop in no particular parking spot, eyes glassy, speech slightly slurred, movements somewhat clumsy, bumped rear view mirror on exit, lost - thought he was in Mississauga, accused indicated that he had too much to drink 13 cameras operative at station, 9 did not record, 4 recording but all onto same tape, 2.5 to 3 second interval between frame from each camera, not recorded in "real time"

Reasons

ON PD

words that "lost" indicative of considerable confusion in his mind, admitted too much to drink, smell of alcohol on breath, test whether a reasonable person in his shoes would have reached same conclusion tape would have to be sent out to outside agency to enhance, tapes only retained for 30 days, both defence and Crown unaware of video, not the only evidence on point, evidence of breath tech exactly proximate to issues of impairment and quantity of alcohol in body, so too is evidence of accused, R. v. Vu, no mala fides in destruction

Another Issue

ON PD

Disclosure of video

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