R. v. Bonter (C.W.), 2013 SKQB 31

• Judge: Keene, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 29, 2013
• Jurisdiction: Saskatchewan
• Citations: 2013 SKQB 31;(2013), 412 Sask.R. 209 (QB)

R. v. Bonter (C.W.) (2013), 412 Sask.R. 209 (QB)

MLB headnote and full text

Temp. Cite: [2013] Sask.R. TBEd. FE.023

Che William Bonter (appellant) v. Her Majesty the Queen (respondent)

(2012 Q.B.G. No. 106; 2013 SKQB 31)

Indexed As: R. v. Bonter (C.W.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Yorkton

Keene, J.

January 29, 2013.

Summary:

Bonter was convicted of impaired driving under s. 253(1)(a) of the Criminal Code. He appealed.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Criminal Law - Topic 1362

Motor vehicles - Impaired driving - Evidence and proof - The accused was pulled over after police officers observed him speeding and making a sloppy u-turn - The accused had glassy, squinty eyes, the odour of liquor on his breath, and trouble getting identification out of his wallet - When asked if he had consumed alcohol, the accused admitted that he had been at a bar and said that he was "probably over" - He was arrested for impaired driving and brought to the station for a breath test - The officer called to administer the breath test noted that the accused had red eyes, was slow moving, and had a strong odour of liquor - The accused was convicted by the trial judge - He appealed - The Saskatchewan Court of Queen's Bench dismissed the appeal - The reasoning in Stellato (1993 Ont. C.A.) applied - There was sufficient evidence of impairment to justify the trial judge's conclusion that the accused's ability to drive was impaired by alcohol.

Cases Noticed:

R. v. Stellato (T.) (1993), 61 O.A.C. 217; 12 O.R.(3d) 90; 78 C.C.C.(3d) 380 (C.A.), affd. [1994] 2 S.C.R. 478; 168 N.R. 190; 72 O.A.C. 140; 18 O.R.(3d) 800, appld. [para. 2].

R. v. MacDonald (D.E.) (1996), 146 Sask.R. 306 (Q.B.), appld. [para. 3].

R. v. Andrews (M.A.) (1996), 178 A.R. 182; 110 W.A.C. 182; 1996 ABCA 23, refd to. [para. 4].

R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351, refd to. [para. 21].

R. v. Andres, [1982] 2 W.W.R. 249; 1 Sask.R. 96 (C.A.), refd to. [para. 21].

Counsel:

Barrie W. Stricker, for the Crown;

N. Chris MacLeod, for the appellant.

This appeal was heard by Keene, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Yorkton, who delivered the following judgment on January 29, 2013.