R. v. Friesen, (1982) 16 Sask.R. 82 (QB)

• Judge: Maher, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 27, 1982
• Jurisdiction: Saskatchewan
• Citations: (1982), 16 Sask.R. 82 (QB)

R. v. Friesen (1982), 16 Sask.R. 82 (QB)

MLB headnote and full text

R. v. Friesen

(No. 36)

Indexed As: R. v. Friesen

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Maher, J.

January 27, 1982.

Summary:

The accused was convicted of failing to comply with a demand for a breath sample contrary to s. 225(2) of the Criminal Code of Canada. The accused appealed to the Saskatchewan Court of Queen's Bench.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Criminal Law - Topic 5332

Confessions and voluntary statements - Voir dire, when required - The Saskatchewan Court of Queen's Bench held that a voir dire was not required respecting an accused's statement to a police officer following a demand for a breath sample under s. 235 of the Criminal Code - The court stated that a voir dire is not necessary where the words spoken constitute the offence (see paragraphs 5 to 8).

Criminal Law - Topic 3261

Appearance notice - Effect of failure to confirm appearance notice as required by the Criminal Code, s. 455.4 - The Saskatchewan Court of Queen's Bench held that a failure to comply with s. 455.4 did not invalidate an information charging the accused with the offence set out in the appearance notice where the accused appeared before the Provincial Court Judge (see paragraphs 9 to 12).

Cases Noticed:

R. v. Flegal (1972), 7 C.C.C.(2d) 55, refd to. [para. 3].

R. v. Arthurs, 12 Sask.R. 95, refd to. [para. 4].

Erven v. The Queen (1978), 25 N.R. 79; 44 C.C.C.(2d) 76, dist. [para. 5].

R. v. Gallaher (1977), 37 C.C.C.(2d) 191, refd to. [para. 7].

R. v. Halyk, [1972] 6 W.W.R. 506, folld. [para. 10].

R. v. Naylor (1979), 42 C.C.C.(2d) 12, folld. [para. 10].

R. v. Bachman, [1979] 6 W.W.R. 468, folld. [para. 11].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 445.4 [para. 9].

Counsel:

M. Brayford, for the appellant;

M. Henderson, for the Crown.

This appeal was heard by MAHER, J., of the Saskatchewan Court of Queen's Bench.

The judgment of MAHER, J., was delivered at Saskatoon, Saskatchewan, on January 27, 1982.