R. v. Hood, (1974) 10 N.B.R.(2d) 176 (CA)

• Judge: Hughes, C.J.N.B., Limerick and Bugold, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: November 12, 1974
• Jurisdiction: New Brunswick
• Citations: (1974), 10 N.B.R.(2d) 176 (CA)

R. v. Hood (1974), 10 N.B.R.(2d) 176 (CA);

    10 R.N.-B.(2e) 176; 4 A.P.R. 176

MLB headnote and full text

Sommaire et texte intégral

R. v. Hood

Indexed As: R. v. Hood

Répertorié: R. v. Hood

New Brunswick Court of Appeal

Hughes, C.J.N.B., Limerick and Bugold, JJ.A.

November 20, 1974.

Summary:

Résumé:

This headnote contains no summary.

Criminal Law - Topic 1378

Motor vehicles - Impaired driving - Breathalyzer - Refusal to provide a breath sample - What constitutes a reasonable excuse - The accused was under arrest for impaired driving when a police officer made a demand for a breath sample pursuant to s. 235(1) of the Criminal Code - The New Brunswick Court of Appeal held that the fact that the accused was under arrest at the time of the demand for a breath sample did not constitute a reasonable excuse for failure to provide a breath sample.

Words and Phrases

Reasonable excuse - The New Brunswick Court of Appeal discussed the meaning of the words "reasonable excuse" as found in s. 235(2) of the Criminal Code, R.S.C. 1970, c. C-34.

Cases Noticed:

R. v. Daigle (1972), 4 N.B.R.(2d) 76 (P.C.), refd to. [para. 2].

Brownridge v. The Queen, [1972] 7 C.C.C. 417, folld. [para. 3].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 235.

Counsel:

John G. Beaton, for the Crown;

John E. McKee, for the accused.

This appeal was heard by the Appeal Division on November 12, 1974. Judgment was delivered by the Appeal Division on November 20, 1974.

The judgment of the Appeal Division was delivered by Limerick, J.A.