R. v. Field, (1984) 33 Sask.R. 275 (ProvCt)

JudgeGosselin, P.C.J.
CourtProvincial Court of Saskatchewan (Canada)
Case DateApril 17, 1984
JurisdictionSaskatchewan
Citations(1984), 33 Sask.R. 275 (ProvCt)

R. v. Field (1984), 33 Sask.R. 275 (ProvCt)

MLB headnote and full text

R. v. Field

Indexed As: R. v. Field

Saskatchewan Provincial Court

Gosselin, P.C.J.

May 11, 1984.

Summary:

The accused was charged with refusing to comply with a breathalyzer demand contrary to s. 235(2) of the Criminal Code of Canada, and with having care or control of a motor vehicle while impaired, contrary to s. 234 of the Code.

The Saskatchewan Provincial Court acquitted the accused on both charges.

Criminal Law - Topic 1368

Motor vehicles - Impaired driving - Care and control - What constitutes - The accused left a bar, highly intoxicated - He sat in a stranger's unlocked car in the driver's seat to warm up while he attempted to sober up - The owner of the car had left the engine running - The Saskatchewan Provincial Court acquitted the accused of having care and control of a motor vehicle while impaired, because the accused lacked intention to use the car as a motor vehicle - See paragraphs 6 to 11.

Criminal Law - Topic 1377

Motor vehicles - Impaired driving - Breathalyzer - Refusal to provide breath sample - The accused, highly intoxicated, arrived at the police station to give breath samples in response to a breathalyzer demand - While there he vomited and burped, then provided one sample - Feeling sick again, he burped and stuck his fingers in his mouth several times to induce vomiting - The officers objected to his behaviour and charged him with refusal - The Saskatchewan Provincial Court acquitted the accused, because he did not deliberately fail or refuse to provide the second sample, but was genuinely ill - See paragraphs 2 to 5.

Cases Noticed:

R. v. Ford (1982), 40 N.R. 451; 36 Nfld. & P.E.I.R. 254; 101 A.P.R. 254; 65 C.C.C.(2d) 392 (S.C.C.), consd. [para. 8].

R. v. Mike, [1983] 6 W.W.R. 284; 33 Sask.R. 273, consd. [para. 9].

R. v. Lokken (1984), 32 Sask.R. 152, appld. [para. 10].

Counsel:

Bev Kosmenko, for the Attorney General;

Andrew Mason, for the accused.

These charges were heard before Gosselin, P.C.J., of the Saskatchewan Provincial Court at Carrot River, Saskatchewan, on April 17, 1984. The decision of Gosselin, P.C.J., was delivered orally at Melfort, Saskatchewan on May 11, 1984.

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