R. v. Jensen, (1979) 24 A.R. 65 (QB)

• Judge: Wachowich, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 30, 1979
• Citations: (1979), 24 A.R. 65 (QB)

R. v. Jensen (1979), 24 A.R. 65 (QB)

MLB headnote and full text

R. v. Jensen

(No. 244675)

Indexed As: R. v. Jensen

Alberta Court of Queen's Bench

Wachowich, J.

October 30, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Certificate evidence of results of analyses of breath samples - The accused was charged with driving after consuming an excessive amount of alcohol contrary to s. 236 of the Criminal Code - The Crown introduced certificate evidence - A certificate paragraph indicated a third breath sample was taken but the time and date were not given - The accused objected to the certificate because it was ambiguous - The trial judge allowed the certificate into evidence and convicted the accused - The accused appealed - The Alberta Court of Queen's Bench dismissed the appeal - The Queen's Bench held that the preamble to the results of analyses, which indicated two samples were taken, resolved the ambiguity - The Queen's Bench held that the paragraph referring to the third sample was superfluous rather than ambiguous.

Cases Noticed:

R. v. Noble (1977), 17 N.R. 555; 19 N.B.R.(2d) 417; 30 A.P.R. 417; 37 C.C.C.(2d) 193, refd to. [para. 2].

R. v. Dempsey (1979), 24 N.B.R.(2d) 479; 48 A.P.R. 479, consd. [para. 7].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 236 [para. 1].

Counsel:

R.W. Hladun, for the appellant;

S.N. Sanderman, for the respondent.

This case was heard by WACHOWICH, J., of the Alberta Court of Queen's Bench.

On October 30, 1979, WACHOWICH, J., delivered the following judgment.