R. v. Aitkenhead, (1980) 8 Man.R.(2d) 395 (CoCt)

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: March 05, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 8 Man.R.(2d) 395 (CoCt)

R. v. Aitkenhead (1980), 8 Man.R.(2d) 395 (CoCt)

MLB headnote and full text

R. v. Aitkenhead

Indexed As: R. v. Aitkenhead

Manitoba County Court of Selkirk

Kennedy, C.C.J.

March 5, 1980.

Summary:

This case arose out of a charge of driving with an excessive blood-alcohol content contrary to s. 236 of the Criminal Code. The trial judge, in a decision not reported in this series of reports, acquitted the accused. The Crown appealed.

The Manitoba County Court allowed the appeal.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Certificate evidence of results of analysis of breathalyzer solution - A breathalyzer certificate indicated breathalyzer test times in the 2400 hours time system rather than the a.m.-p.m. system - The attending police officer stated that the accused was stopped at 7:15 p.m., an A.L.E.R.T. test was given at 7:40 p.m. and that the accused arrived at the police station at 8:00 o'clock - The Manitoba County Court held that with the officer's testimony the use of the 2400 hours time system to indicate the breathalyzer test times did not render the certificate invalid.

Evidence - Topic 2275

Judicial notice - Time - The Manitoba County Court stated that the 2400 hours system of time is sufficiently known that a court can take judicial notice of it - See paragraphs 14 and 15.

Cases Noticed:

R. v. Domanski (1979), 1 Man.R.(2d) 77, dist. [para. 7].

R. v. Erlendson (1979), 1 Man.R.(2d) 84, dist. [para. 7].

R. v. Kemp, 4 Weekly Criminal Bulletin 139, consd. [para. 13].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 236 [para. 1].

Counsel:

B. Millar, for the appellant;

H. Goldman, for the respondent.

This case was heard by KENNEDY, C.C.J., of the Manitoba County Court of Selkirk, who on March 5, 1980, delivered the following judgment: