R. v. Mack, (1979) 21 A.R. 537 (QB)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 12, 1979
• Citations: (1979), 21 A.R. 537 (QB)

R. v. Mack (1979), 21 A.R. 537 (QB)

MLB headnote and full text

R. v. Mack

(33943)

Indexed As: R. v. Mack

Alberta Court of Queen's Bench

Judicial District of Edmonton

Stevenson, J.

December 12, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1374

Motor vehicle - Impaired driving - Breathalyzer - Certificate evidence of results of analysis of breath sample - Evidence to the contrary - What constitutes - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 237(1)(c) - At the trial of the accused on a charge of driving with an excessive blood-alcohol content a breathalyzer certificate was entered into evidence, which contained readings of .43 and .45 - An expert witness testified for the defence that the readings were so high that they must be in error - However, there was no evidence to show that the accused's blood-alcohol content was below .08 - The trial judge acquitted the accused on the ground that the expert's evidence constituted "evidence to the contrary" to rebut the effect of the certificate - The Alberta Court of Queen's Bench allowed the Crown's appeal by way of stated case and convicted the accused on the ground that the expert's evidence did not constitute "evidence to the contrary", because it did not tend to establish that the accused's blood-alcohol content was below .08.

Cases Noticed:

R. v. Reeves (1978), 9 A.R. 149; 6 Alta. L.R.(2d) 90, appld. [para. 8].

R. v. Teague, [1973] 2 W.W.R. 141, appld. [para. 8].

R. v. Davis, [1974] 1 W.W.R. 87, appld. [para. 10].

R. v. Moreau (1978), 23 N.R. 541; 42 C.C.C.(2d) 525, appld. [para. 10].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 237(1)(c).

Counsel:

R.S. Stelmaczonek, for the Crown;

R.W. Hladun, for the accused.

This case was heard at Edmonton, Alberta, before STEVENSON, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on December 12, 1979: