R. v. Mazurek, (1978) 13 A.R. 567 (DC)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 05, 1978
• Citations: (1978), 13 A.R. 567 (DC)

R. v. Mazurek (1978), 13 A.R. 567 (DC)

MLB headnote and full text

R. v. Mazurek

Indexed As: R. v. Mazurek

Alberta District Court

Judicial District of Peace River

McFadyen, D.C.J.

May 5, 1978.

Summary:

This headnote contains no summary.

Criminal Law - Topic 80

General principles - Res judicata - Multiple convictions for same subject matter precluded - Circumstances when defence may be raised - Arising out of the same circumstances the accused was charged with refusal to comply with a breathalyzer demand (s. 235(2)) and he was also charged with impaired driving (s. 234) - The trial judge convicted the accused on both counts - The trial judge in convicting under s. 234 considered evidence of the accused's failure to comply with the breathalyzer demand - On appeal the Alberta District Court affirmed the conviction of the accused on both counts - The District Court stated that because evidence to prove an offence may also be evidence in relation to another offence does not call for the application of the principle of res judicata.

Cases Noticed:

R. v. Kienapple, 1 N.R. 322; [1975] 1 S.C.R. 729, refd to. [para. 5].

R. v. Schilbe (1976), 30 C.C.C.(2d) 113, refd to. [para. 6].

R. v. Jenkins (1976), 19 N.S.R.(2d) 1; 24 A.P.R. 1, refd to. [para. 6].

R. v. Zink, 7 A.R. 553; [1978] 1 W.W.R. 553, dist. [para. 9].

Counsel:

S. Doz, for the appellant;

W.A.R.B. Kubanek, for the respondent.

This appeal was heard by McFADYEN, D.C.J., of the Alberta District Court.

The judgment of McFADYEN, D.C.J., was delivered at Edmonton, Alberta on May 5, 1978.