R. v. Chapman, (1979) 5 Man.R.(2d) 262 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: December 14, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 5 Man.R.(2d) 262 (CoCt)

R. v. Chapman (1979), 5 Man.R.(2d) 262 (CoCt)

MLB headnote and full text

R. v. Chapman

Indexed As: R. v. Chapman

Manitoba County Court

Ferg, C.C.J.

December 14, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1378

Motor vehicle - Impaired driving - Breathalyzer - Reasonable excuse for refusal - What constitutes - The accused was asked to provide a sample for a roadside alert test but after four attempts was unsuccessful - The accused informed the officers that he had a lung problem and was under medication - After being read the breathalyzer demand, the accused stated that he did not wish to give a breathalyzer sample but would give a blood sample, which was subsequently provided - The accused appealed his conviction for refusal to provide a breath sample contrary to s. 235(2) of the Criminal Code - The Manitoba County Court allowed the appeal and set aside the conviction - The court stated that if the accused's offer to provide a blood sample is accepted, he is entitled to conclude that he has met the demands of the police and has a reasonable excuse not to provide a breath sample - See paragraph 10.

Cases Noticed:

R. v. Flegel (1972), 7 C.C.C.(2d) 55, appld. [para. 7].

Attorney General for Saskatchewan v. Chrun, [1973] 5 W.W.R. 611, appld. [para. 10].

R. v. Wall, [1974] 5 W.W.R. 634 (Sask. C.A.), dist. [para. 11].

R. v. Frohwerk (1979), 5 Man.R.(2d) 257, refd to. [para. 12].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235(2).

Counsel:

R. Goldman, for the appellant;

R. George, for the respondent.

This case was heard before FERG, C.C.J., of the Manitoba County Court, County of Virden.

The decision of FERG, C.C.J., was delivered on December 14, 1979: