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Case Briefs Database at
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This is a database of lists of cases connected to particular criminal law issues. You can read the full text for most of the cases listed by visiting https://www.canlii.org/. If you are a law student, student-at-law, or a lawyer and you have additional cases that should be added to this list, please contact us at the email address at the bottom of this page. This portion of the database contains notes (some of which are quite old) made by the author and various students.
R. v. Gavin
50 M.V.R. (2d) 302
Ratio
PE CA
indicia of impairment which are only discovered ex post facto cannot rehabilitate an invalid or premature demand
Facts
PE CA
"medium" smell of liquor coming from mouth, "bloodshot" eyes, walked "a bit" unsteadily, later received information indicating driver and time of accident within 2 hours
Reasons
PE CA
data at time makes demand ... must have sufficient objective persuasiveness as would lead a reasonable person similarly situated to conclude that more likely than not the accused had, within the two prerceding hours committed a s. 253 offence