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E79| Actus reus, ASD refusal & a roadside flip-flop.
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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Khandakar, 2024 ONCA 620 where the driver of a vehicle changed their mind and wanted to provide an ASD breath sample after being arrested for refusing to do so. Just when does an unequivocal refusal to provide an ASD sample constitute the actus reus for a refusal charge? How much time does a driver have to change their mind?
Criminal Code provisions:
s. 320.15 (1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to…
The skinny
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