R. v. Kot (J.G.), (2014) 443 Sask.R. 298 (PC)
| Judge | Gordon, P.C.J. |
| Court | Provincial Court of Saskatchewan (Canada) |
| Case Date | April 22, 2014 |
| Jurisdiction | Saskatchewan |
| Citations | (2014), 443 Sask.R. 298 (PC);2014 SKPC 63 |
R. v. Kot (J.G.) (2014), 443 Sask.R. 298 (PC)
MLB headnote and full text
Temp. Cite: [2014] Sask.R. TBEd. MY.064
Her Majesty the Queen v. John Gordon Kot
(Information No. 43374556; 2014 SKPC 63)
Indexed As: R. v. Kot (J.G.)
Saskatchewan Provincial Court
Gordon, P.C.J.
April 22, 2014.
Summary:
The accused was charged with impaired driving and refusing to comply with an approved screening device breath sample demand. The Crown conceded that the evidence was insufficient to prove impaired driving.
The Saskatchewan Provincial Court found the accused not guilty of impaired driving and guilty of refusing to comply with an approved screening device breath sample demand.
Criminal Law - Topic 1386
Motor vehicles - Impaired driving - Roadside screening test - Excuse for refusal - [See Criminal Law - Topic 1386.3 ].
Criminal Law - Topic 1386.3
Offences against person and reputation - Motor vehicles - Impaired driving - Roadside screening test - Refusal - The accused was charged with refusing to comply with an approved screening device (ASD) breath sample demand - The Saskatchewan Provincial Court convicted the accused - There were grounds to make the demand, the demand was lawful and the accused knew what was required of him - The ASD was present and ready for use within 10 minutes of the demand - The officer gave the accused approximately 15 minutes to consider his options - The officer explained the possible outcomes clearly - The accused's explanation that he needed more time or was confused was not a reasonable excuse for the failure to comply.
Cases Noticed:
R. v. Ritchie (N.W.) (2004), 241 Sask.R. 155; 313 W.A.C. 155; 2004 SKCA 9, refd to. [para. 18].
R. v. Janzen (K.) (2006), 285 Sask.R. 296; 378 W.A.C. 296; 2006 SKCA 111, refd to. [para. 18].
R. v. Bernshaw (N.), [1995] 1 S.C.R. 254; 176 N.R. 81; 53 B.C.A.C. 1; 87 W.A.C. 1, refd to. [para. 18].
R. v. Goertzen (R.R.) (2013), 434 Sask.R. 305; 2013 SKPC 211, refd to. [para. 18].
R. v. Houle (D.) (2013), 430 Sask.R. 25; 2013 SKPC 216, refd to. [para. 20].
Counsel:
Brian Hendrickson, Q.C., for the Crown;
John Gordon Kot, accused, self-represented.
This case was heard at Moose Jaw, Saskatchewan, by Gordon, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on April 22, 2014.
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R. v. Lawson (P.H.), 2014 SKPC 191
...[para. 34, footnote 4]. R. v. Houle (D.) (2013), 430 Sask.R. 25; 2013 SKPC 216, refd to. [para. 34, footnote 5]. R. v. Kot (J.G.) (2014), 443 Sask.R. 298; 2014 SKPC 63, refd to. [para. 34, footnote R. v. Olivier-Williams (J.), [2005] O.T.C. 617 (Sup. Ct.), refd to. [para. 34, footnote 5]. R......
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R. v. Stewart (R.L.), 2016 SKPC 72
...than an overt act) and evidence of intention must be found through inference. [75] In coming to this conclusion, I note that in R v Kot , 2014 SKPC 63, an officer (Cst. Crain) encountered a similar problem when attempting to obtain a roadside breath sample. In this case, the accused also in......
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R. v. Lawson (P.H.), 2014 SKPC 191
...[para. 34, footnote 4]. R. v. Houle (D.) (2013), 430 Sask.R. 25; 2013 SKPC 216, refd to. [para. 34, footnote 5]. R. v. Kot (J.G.) (2014), 443 Sask.R. 298; 2014 SKPC 63, refd to. [para. 34, footnote R. v. Olivier-Williams (J.), [2005] O.T.C. 617 (Sup. Ct.), refd to. [para. 34, footnote 5]. R......
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R. v. Stewart (R.L.), 2016 SKPC 72
...than an overt act) and evidence of intention must be found through inference. [75] In coming to this conclusion, I note that in R v Kot , 2014 SKPC 63, an officer (Cst. Crain) encountered a similar problem when attempting to obtain a roadside breath sample. In this case, the accused also in......