R. v. Jackson, (1979) 5 Man.R.(2d) 176 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: October 18, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 5 Man.R.(2d) 176 (CoCt)

R. v. Jackson (1979), 5 Man.R.(2d) 176 (CoCt)

MLB headnote and full text

R. v. Jackson

Indexed As: R. v. Jackson

Manitoba County Court

Dureault, C.C.J.

October 18, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 214

General principles - Common law defences - Burden of proof - The accused appealed his conviction for breathalyzer refusal on the ground that the trial judge "erred in his assessment of the proper burden of proof to apply to the fact situation" - The Manitoba County Court stated that the onus of proof was on the accused to establish a defence of unconsciousness by a preponderance of evidence, and the standard applied by the trial judge was a proper one - The Manitoba County Court dismissed the appeal and confirmed the conviction - See paragraphs 3 to 8.

Cases Noticed:

R. v. McGuigan (1971), 5 C.C.C.(2d) 159 (P.E.I.S.C.), refd to. [para. 3].

R. v. Miller (1972), 10 C.C.C.(2d) 467 (Ont. H.C.), refd to. [para. 6].

R. v. Murray (1972), 10 C.C.C.(2d) 524 (P.E.I.), refd to. [para. 6].

R. v. Doherty (1974), 18 C.C.C.(2d) 487, refd to. [para. 6].

Counsel:

John Scurfield, for the appellant;

David Rampersad, for the respondent.

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

The decision of DUREAULT, C.C.J., was delivered on October 18, 1979.