R. v. Hynes (N.), (2015) 373 Nfld. & P.E.I.R. 355 (NLPC)

• Judge: Porter, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: October 13, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 373 Nfld. & P.E.I.R. 355 (NLPC)

R. v. Hynes (N.) (2015), 373 Nfld. & P.E.I.R. 355 (NLPC);

    1161 A.P.R. 355

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. NO.033

Her Majesty the Queen v. Norman Hynes

(Docket: 0814A00109)

Indexed As: R. v. Hynes (N.)

Newfoundland and Labrador Provincial Court

Porter, P.C.J.

November 18, 2015.

Summary:

The accused was charged with impaired driving and driving with a blood-alcohol content in excess of the legal limit. He applied to have the "over 80" charge dismissed, on the basis that the police officer had incorrectly described the roadside screening device.

The Newfoundland and Labrador Provincial Court denied the application.

Criminal Law - Topic 1386.4

Motor vehicles - Impaired driving - Roadside screening test - Evidence and proof - The accused was charged with impaired driving and driving with a blood-alcohol content in excess of the legal limit - He applied to have the "over 80" charge dismissed, on the basis that the police officer had incorrectly described the roadside screening device - The Newfoundland and Labrador Provincial Court denied the application - The demand which was read to the accused was a demand for screening by an approved screening device - The agreed statement of fact further specified that Constable Mitchell believed that he used an approved screening device - There was no evidence before the court to suggest otherwise.

Cases Noticed:

R. v. Arsenault (D.J.) (2005), 295 N.B.R.(2d) 123; 766 A.P.R. 123; 2005 NBCA 110, consd. [para. 4].

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276, refd to. [para. 7].

R. v. Gundy (T.) (2008), 235 O.A.C. 236; 2008 ONCA 284, refd to. [para. 9].

Counsel:

A. Manning, for the Crown;

G. Picco, Q.C., for the accused/applicant.

This application was heard on October 13, 2015, before Porter, P.C.J., of the Newfoundland and Labrador Provincial Court, Judicial District of Grand Bank, who delivered the following decision on November 18, 2015.