R. v. Michaud, (1978) 32 N.B.R.(2d) 34 (PC)

JudgeTomlinson, J.
CourtProvincial Court of New Brunswick (Canada)
Case DateSeptember 27, 1978
JurisdictionNew Brunswick
Citations(1978), 32 N.B.R.(2d) 34 (PC)

R. v. Michaud (1978), 32 N.B.R.(2d) 34 (PC);

    32 R.N.-B.(2e) 34; 78 A.P.R. 34

MLB headnote and full text

Sommaire et texte intégral

R. v. Michaud

Indexed As: R. v. Michaud

Répertorié: R. v. Michaud

New Brunswick Provincial Court

Tomlinson, J.

September 27, 1978.



This headnote contains no summary.

Criminal Law - Topic 1378

Offences against person and reputation - Motor vehicles - Impaired driving - Breathalyzer - Excuse for refusal to provide breath sample - The accused went with an R.C.M.P. officer to a detachment office of the R.C.M.P. in compliance with a breathalyzer demand - The officer blew into the breathalyzer to demonstrate how to provide a breath sample - The accused then provided one sample of his breath which was suitable for the purpose of analysis - The technician was in the process of having the second sample introduced into the machine when the photometer lamp blew out and he was unable to continue - The accused was then taken to the town police office and was then given another demand by the R.C.M.P. officer, with which the accused refused to comply - At trial the defendant took the stand and claimed that he had provided 3 breath samples at the R.C.M.P. office and that he thought he was justified in refusing the second demand - The New Brunswick Provincial Court convicted the accused and held that because of the breakdown of the first machine the first demand should be ignored, and that the second demand was a valid demand - The mistake of fact on the part of the accused in thinking he had provided 3 proper samples for analysis purposes did not constitute a defence - See paragraphs 7 to 13.

Cases Noticed:

R. v. Noble (1978), 17 N.R. 555; 19 N.B.R.(2d) 417; 30 A.P.R. 417; 40 C.R. 19, ref'd to. [para. 10].

R. v. Dauphine, 18 N.B.R.(2d) 148; 26 A.P.R. 148, ref'd to. [para. 10].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235(2).


Roland Levesque, for the Crown;

Paul Duffie, for the accused.

This case was heard before TOMLINSON, J., of the New Brunswick Provincial Court.

The judgment of TOMLINSON, J., was delivered on September 27, 1978.

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