R. v. McCutcheon, (1979) 20 A.R. 23 (QB)

• Judge: Greschuk, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 24, 1979
• Citations: (1979), 20 A.R. 23 (QB)

R. v. McCutcheon (1979), 20 A.R. 23 (QB)

MLB headnote and full text

R. v. McCutcheon

(79-01-A-0402)

Indexed As: R. v. McCutcheon

Alberta Court of Queen's Bench

Greschuk, J.

October 24, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1372

Motor vehicles - Impaired driving - Breathalyzer demand - Reasonable and probable grounds - The Alberta Court of Queen's Bench held that refusal to take a roadside breath test could be taken into consideration in deciding if a police officer had reasonable and probable grounds to give a breathalyzer demand.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235 [para. 3].

Counsel:

E.C. Wilson, for the Crown;

J.A. Butlin, for the accused.

This case was heard by GRESCHUK, J., of the Alberta Court of Queen's Bench.

On October 24, 1979, GRESCHUK, J., delivered the following oral judgment: