R. v. Morhalo (R.W.), 2003 ABPC 33

• Judge: Fraser, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: January 30, 2003
• Citations: 2003 ABPC 33;(2003), 343 A.R. 170 (PC)

R. v. Morhalo (R.W.) (2003), 343 A.R. 170 (PC)

MLB headnote and full text

Temp. Cite: [2003] A.R. TBEd. MR.077

Her Majesty the Queen v. Reese William Morhalo

(No. 017001413P101010102; 2003 ABPC 33)

Indexed As: R. v. Morhalo (R.W.)

Alberta Provincial Court

Fraser, P.C.J.

January 30, 2003.

Summary:

The accused was charged with impaired driving and failure to provide a breath sample into a roadside screening device.

The Alberta Provincial Court acquitted the accused of impaired driving and convicted him of failure to provide a breath sample into a roadside screening device.

Criminal Law - Topic 1386.3

Motor vehicles - Impaired driving - Roadside screening test - Refusal - In defence to a refusal charge, the accused said that the roadside screening device used was not approved where it was an Intoxilyzer 400, which was not listed as an approved instrument, and where only an Intoxilyzer 400B was listed - The Alberta Provincial Court rejected the defence and convicted the accused - This was at best a misdescription or an incomplete description and it was sufficient to assert that the device used was an approved screening device to establish beyond a reasonable doubt that the device used was an approved screening device in the absence of the issue being properly and fairly raised by the defence - See paragraphs 6 to 11.

Cases Noticed:

Browne v. Dunn (1893), 6 R. 67 (H.L.), refd to. [para. 7].

R. v. Dyck, [1970] 2 C.C.C. 283 (B.C.C.A.), refd to. [para. 7].

R. v. Tripp (W.L.) (2002), 208 N.S.R.(2d) 101; 652 A.P.R. 101 (Prov. Ct.), refd to. [para. 8].

R. v. Toope (K.S.) (2002), 208 N.S.R.(2d) 129; 652 A.P.R. 129 (Prov. Ct.), refd to. [para. 8].

R. v. Kosa (1992), 42 M.V.R.(2d) 290 (Ont. C.A.), consd. [para. 8].

R. v. Alatyppo (1983), 4 C.C.C.(3d) 514 (Ont. C.A.), consd. [para. 9].

Counsel:

R.E. Davey, for the Crown;

P.C. Fagan, for the accused.

This matter was heard by Fraser, P.C.J., of the Alberta Provincial Court who delivered the following reasons for judgment on January 30, 2003.