R. v. Knott (P.), (1996) 138 Nfld. & P.E.I.R. 219 (NFTD)

• Judge: Roberts, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: February 26, 1996
• Jurisdiction: Newfoundland and Labrador
• Citations: (1996), 138 Nfld. & P.E.I.R. 219 (NFTD)

R. v. Knott (P.) (1996), 138 Nfld. & P.E.I.R. 219 (NFTD);

    431 A.P.R. 219

MLB headnote and full text

Paul Knott (appellant) v. Her Majesty The Queen (respondent)

(1994 No. C.B. 820)

Indexed As: R. v. Knott (P.)

Newfoundland Supreme Court

Trial Division

Roberts, J.

February 26, 1996.

Summary:

The accused appealed his conviction for refusing to comply with a demand to provide a breath sample.

The Newfoundland Supreme Court, Trial Division, dismissed the appeal.

Criminal Law - Topic 1377

Motor vehicles - Impaired driving - Breathalyzer - Refusal to provide breath sample - The accused was given a breathalyzer demand and read his Charter rights - He was again read his Charter rights at the police station - Three times, instead of providing a breath sample, he turned away and asked about the time of his first Char­ter notifica­tion - He did the same thing a fourth time, although he was warned that if he did, he would be charged with refusal - He appealed his conviction for refusing a breathalyzer, arguing that his refusal was not categorical and that he was not given sufficient time to make up his mind - The Newfoundland Supreme Court, Trial Divi­sion, affirmed the conviction, finding that the refusal was unequivocal and that the accused had ample time to decide whether to comply with the demand.

Cases Noticed:

R. v. Boucher (1986), 73 N.B.R.(2d) 113; 184 A.P.R. 113 (T.D.), refd to. [para. 13].

R. v. Wagstaff (1988), 85 N.S.R.(2d) 77; 216 A.P.R. 77 (Prov. Ct.), refd to. [para. 13].

R. v. Marks (1983), 61 N.S.R.(2d) 369; 133 A.P.R. 369 (C.A.), refd to. [para. 15].

R. v. Bowman (1978), 25 N.S.R.(2d) 716; 36 A.P.R. 716 (C.A.), refd to. [para. 15].

R. v. McGauley (1974), 16 C.C.C.(2d) 419 (B.C.C.A.), refd to. [para. 15].

R. v. Rowe (1973), 12 C.C.C.(2d) 24 (B.C.C.A.), refd to. [para. 20].

R. v. Burns (R.H.) (1994), 165 N.R. 374; 42 B.C.A.C. 161; 67 W.A.C. 161; 89 C.C.C.(3d) 193 (S.C.C.), refd to. [para. 23].

Counsel:

George Murphy, for the appellant;

Del Atwood, for the respondent.

This appeal was heard on February 26, 1996, before Roberts, J., of the Newfound­land Supreme Court, Trial Division, who delivered the following judgment on Febru­ary 26, 1996.