The Court of Appeal held that preliminary breath test results are admissible at common law to prove blood alcohol concentration if proper foundation evidence establishes the device's reliability and proper operation. The Court reaffirmed that culpable driving under s 318(2)(c) does not require proof of causal connection between alcohol impairment and death - it suffices that death was caused while driving under the influence. The Court rejected the restrictive approach in R v Heyes, holding that post-offence conduct evidence can support an inference of guilt of a specific offence even where equally consistent with lesser offences, provided appropriate Edwards directions are given.
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