Situation…
The Defendant was charged with the offence of Failure to Provide a Breath Specimen without reasonable excuse. He willingly gave a blood sample when required to do so. After an unsuccessful attempt when a partial sample was taken, the Doctor tried to take another sample using the same needle. The Defendant objected and requested that a new needle be used. Before the second sample was taken, the client noticed a lump on his arm. This lump was later confirmed as a hematoma and his arm was placed in a sling.
Action…
Bericon Forensics was asked to comment about the provision of the blood sample. Photographs of bruising to the defendants arm were reviewed and a conclusion was drawn.
Result…
We confirmed that that the Doctor had made a poor attempt at taking blood initially and the procedure used was incorrect causing excessive pain, discomfort and a hematoma. We also supported that the Defendant had clearly lost confidence in the Doctor’s ability to take a sample a blood. This case resulted in a full day at Court and the Defendant was found not guilty.