R. v. Dobrowolski (D.), [2004] O.T.C. 911 (SC)

• Judge: Power, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: September 16, 2004
• Jurisdiction: Ontario
• Citations: [2004] O.T.C. 911 (SC)

R. v. Dobrowolski (D.), [2004] O.T.C. 911 (SC)

MLB headnote and full text

Temp. Cite: [2004] O.T.C. TBEd. OC.074

Her Majesty the Queen (appellant) v. Dieter Dobrowolski (respondent)

(Court File No. 03-0447)

Indexed As: R. v. Dobrowolski (D.)

Court of Ontario

Superior Court of Justice

Power, J.

October 21, 2004.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1374

Offences against person and reputation - Motor vehicles - Impaired driving - Breathalyzer or blood sample - Evidence and certificate evidence (incl. evidence tending to show) - See paragraphs 1 to 35.

Criminal Law - Topic 1380

Offences against person and reputation - Motor vehicles - Impaired driving - Breathalyzer - Breath sample - Whether suitable (incl. whether blown directly into approved instrument) - See paragraphs 1 to 35.

Words and Phrases

Analysis - The Ontario Superior Court discussed the meaning of this word as found in ss. 254 and 258(2) of the Criminal Code - See paragraph 33.

Cases Noticed:

R. v. Schultz (1977), 38 C.C.C.(2d) 39 (Ont. S.C.), refd to. [para. 25].

R. v. Perrier (1984), 5 O.A.C. 304; 15 C.C.C.(3d) 506 (C.A.), appld. [para. 27].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 254, sect. 258(2) [para. 33].

Counsel:

Elizabeth Ives-Ruyter, for the appellant;

Robert B. Howe, for the respondent.

This appeal was heard at Pembroke, Ontario, on September 16, 2004, before Power, J., of the Ontario Superior Court, who released the following decision on October 21, 2004.

Please note: The following judgment has not been edited.