R. v. Domanski, (1979) 1 Man.R.(2d) 77 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: July 20, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 77 (CoCt)

R. v. Domanski (1979), 1 Man.R.(2d) 77 (CoCt)

MLB headnote and full text

R. v. Domanski

Indexed As: R. v. Domanski

Manitoba County Court

Ferg, C.C.J.

July 20, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1374

Motor vehicle - Impaired driving - Breathalyzer - Certificate evidence of results of analysis of breath sample - Correction or explanation of deficient certificate by testimony - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 237(1)(c) - A technician's breathalyzer certificate stated the times of the two tests by the international system instead of the usual a.m.-p.m. system - The trial judge refused to accept testimony to explain the times stated in the certificate - The Manitoba County Court allowed the Crown's appeal from the acquittal of the accused and ordered a new trial - The County Court held that the trial judge should have admitted testimony by the breathalyzer technician to explain the stated times in the certificate - See paragraphs 10 to 16.

Criminal Law - Topic 7634

Appeals - New trials - Power of appeal court to dispose of charge without new trial - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 613 - The Manitoba County Court held that as a general rule a court of appeal should order a new trial, where the trial judge improperly rejected evidence of the Crown - See paragraphs 17 to 18.

Evidence - Topic 2275

Judicial notice - Time - The Manitoba County Court held that the court could not take judicial notice of the equivalent a.m.-p.m. times of times stated in the international system - See paragraphs 6 to 8.

Comment:

See also R. v. Hrynkiw (1979), 1 Man.R.(2d) 71 and R. v. Erlendson (1979), 1 Man.R.(2d) 84.

Cases Noticed:

R. v. Dub, [1972] 3 C.C.C. 487, refd to. [para. 6].

R. v. Maybee, [1972] 3 W.W.R. 633 (Man. C.A.), refd to. [para. 6].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 237(1)(c), sect. 613 [para. 17].

Authors and Works Noticed:

Salhany, Canadian Criminal Procedure (2nd Ed.), ch. 9, p. 253 [para. 17].

Counsel:

A. Berg, for the respondent;

A.G. Bowering, for the Crown.

This case was heard before FERG, C.C.J., of the Manitoba County Court, who delivered the following judgment on July 20, 1979: