R. v. Gillespie, (1979) 5 Man.R.(2d) 185 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: December 31, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 5 Man.R.(2d) 185 (CoCt)

R. v. Gillespie (1979), 5 Man.R.(2d) 185 (CoCt)

MLB headnote and full text

R. v. Gillespie

Indexed As: R. v. Gillespie

Manitoba County Court

Lockwood, C.C.J.

December 31, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 7285

Summary conviction proceedings - Informations - Form and content including sufficiency of charge - An objection to an information was taken by a motion to quash before plea in accordance with s. 732(1) of the Criminal Code of Canada - The objection was overruled by the trial judge who then accepted a guilty plea to refusal to provide a breath sample and sentenced the accused - The accused appealed, submitting that the only offence disclosed by the information was one to comply with the demand to accompany the peace officer which was not an offence known to the law in the context of the section - The Manitoba County Court, in dismissing the appeal, held that the word "refuse" controlled the whole of the wording of the information and not only a part of it - Read as a whole the information disclosed the offence in question and the accused could not be misled by it - The information also referred to the specific section of the Code, which was to be taken into account by virtue of s. 510(5) of the Code - See paragraph 20.

Cases Noticed:

R. v. Noble (1977), 17 N.R. 555; 19 N.B.R.(2d) 417; 30 A.P.R. 417; 80 D.L.R.(3d) 69, dist. [para. 10].

R. v. Andrushko, 37 C.C.C.(2d) 273, dist. [para. 10].

R. v. Rentoul (1977), 8 A.R. 63; 37 C.C.C.(2d) 78, appld. [para. 12].

R. v. MacNeil, 41 C.C.C.(2d) 46, consd. [para. 16].

R. v. Cote (1977), 13 N.R. 271; 33 C.C.C.(2d) 353, appld. [para. 18].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235 [para. 3]; sect. 510(5) [para. 20].

Authors and Works Noticed:

Martin's Annual Criminal Code (1979), p. 939.

Counsel:

B. Kaplan, for the Crown;

H. Goldman, for the appellant.

This case was heard before LOCKWOOD, C.C.J., of the Manitoba County Court of Winnipeg.

The decision of LOCKWOOD, C.C.J., was delivered on December 31, 1979: