R. v. Lamberton (J.W.), (1992) 20 B.C.A.C. 194 (CA)

• Judge: Goldie, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: December 03, 1992
• Jurisdiction: British Columbia
• Citations: (1992), 20 B.C.A.C. 194 (CA)

R. v. Lamberton (J.W.) (1992), 20 B.C.A.C. 194 (CA);

    35 W.A.C. 194

MLB headnote and full text

Regina (respondent) v. John Wayne Lamberton (appellant)

(CA013833)

Indexed As: R. v. Lamberton (J.W.)

British Columbia Court of Appeal

Goldie, J.A.

December 31, 1992.

Summary:

The accused was convicted of impaired driving. The accused appealed under s. 830(1) of the Criminal Code, on the ground that the trial judge misapprehended the evidence.

The British Columbia Supreme Court dismissed the appeal. The accused applied for leave to appeal.

The British Columbia Court of Appeal, per Goldie, J.A., denied leave to appeal.

Criminal Law - Topic 7602

Summary conviction proceedings - Appeal to Court of Appeal - Requirement of leave - [See Criminal Law - Topic 7655 ].

Criminal Law - Topic 7655

Summary conviction proceedings - Appeals - Grounds - Misapprehension of evidence - An accused appealed his impaired driving conviction on the ground that the trial judge erred in law by failing to comment on all relevant evidence - The British Columbia Supreme Court dismissed the appeal - The British Columbia Court of Appeal denied the accused leave to appeal further - The court stated that the failure to address every aspect of the evi­dence or the failure to give any reasons did not, per se, constitute a misapprehen­sion or overlooking of relevant evidence - The court stated that there was no appealable error of law where there was nothing on the record to support the con­clusion that the trial judge or the Supreme Court judge overlooked or excluded from consideration vital evidence.

Cases Noticed:

R. v. MacDonald (1976), 9 N.R. 271; 29 C.C.C.(2d) 257 (S.C.C.), refd to. [para. 3].

R. v. Tonelli (1951), 99 C.C.C. 345 (B.C.C.A.), refd to. [para. 11].

R. v. Sugiyama (1976), 38 C.R.N.S. 92 (B.C.C.A.), refd to. [para. 11].

R. v. Harper (1982), 34 N.R. 359; 65 C.C.C.(2d) 193 (S.C.C.), refd to. [para. 11].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 253(a) [para. 1]; sect. 830(1) [para. 2]; sect. 839(1) [para. 6].

Counsel:

P. Hart, for the appellant;

G. Parson, for the respondent.

This application was heard on December 3, 1992, in Chambers before Goldie, J.A., of the British Columbia Court of Appeal, who delivered the following judgment on De­cember 31, 1992.