R. v. Cherry, (1979) 15 A.R. 356 (ProvCt)

• Judge: McMeekin, J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: February 13, 1979
• Citations: (1979), 15 A.R. 356 (ProvCt)

R. v. Cherry (1979), 15 A.R. 356 (ProvCt)

MLB headnote and full text

R. v. Cherry

Indexed As: R. v. Cherry

Alberta Provincial Court

McMeekin, J.

February 13, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1378

Motor vehicles - Impaired driving - Breathalyzer - Excuse for refusal to provide a breath sample - The accused was charged with refusal to provide a breath sample - The accused claimed that his refusal was justified because he believed the police were prejudiced and unlikely to treat him fairly - The Alberta Provincial Court reviewed the conduct of the police and held that there was evidence to support the accused's belief that there was prejudice by the police - The trial court acquitted the accused.

Cases Noticed:

R. v. Bryden, [1974] 5 W.W.R. 368, refd to. [para. 2].

R. v. Miller (1973), 10 C.C.C.(2d) 467, refd to. [para. 7].

R. v. Burkitt, [1972] W.W.R. 251, refd to. [para. 7].

R. v. Cristoff, [1978] W.W.R. 577, refd to. [para. 7].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 234(1)(ii).

Counsel:

P.J. McIntyre, for the Crown;

W.V. Stillwell, for the accused.

This case was heard by McMEEKIN, J., of the Alberta Provincial Court at Calgary, Alberta.

The judgment of McMEEKIN, J., was delivered at Calgary, Alberta on February 13, 1979.