R. v. Parmiter, (1981) 31 Nfld. & P.E.I.R. 323 (NFPC)

• Judge: Luther, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: February 06, 1981
• Jurisdiction: Newfoundland and Labrador
• Citations: (1981), 31 Nfld. & P.E.I.R. 323 (NFPC)

R. v. Parmiter (1981), 31 Nfld. & P.E.I.R. 323 (NFPC);

    87 A.P.R. 323

MLB headnote and full text

R. v. Parmiter

(No. 3821)

Indexed As: R. v. Parmiter

Newfoundland Provincial Court

District of St. John's

Luther, P.C.J.

February 6, 1981.

Summary:

This case arose out of a charge of refusal to comply with a demand for a breath sample contrary to s. 235 of the Criminal Code of Canada. The trial court convicted the accused.

Criminal Law - Topic 1372

Motor vehicles - Impaired driving - Breathalyzer - Demand - Reasonable grounds for demand - The Newfoundland Provincial Court, held that an officer had reasonable grounds for demanding breath samples where he observed a strong smell of alcoholic beverage on the accused's breath and that the accused's eyes were red and watery (see paragraph 47).

Criminal Law - Topic 1378

Motor vehicles - Impaired driving - Breathalyzer - Excuse for refusal to provide a breath sample - After an accident the accused accompanied an injured friend to the hospital in an ambulance - The Newfoundland Provincial Court held that such concern for an injured friend did not constitute an excuse for failure to provide a breath sample on demand (see paragraphs 8 to 13).

Cases Noticed:

R. v. Spencer, 10 Nfld. & P.E.I.R. 284; 17 A.P.R. 284 refd to. [para. 7].

R. v. Nadeau (1974), 8 N.B.R.(2d) 703; 19 C.C.C.(2d) 199 (N.B.C.A.), refd to. [para. 10].

R. v. Lennard (1973), 57 Cr. App. R. 542, refd to. [para. 11].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235(1).

Counsel:

R. Smith, for the Crown;

N. Avis, for the accused.

This case was heard by LUTHER, P.C.J., of the Newfoundland Provincial Court. The judgment of LUTHER, P.C.J., was delivered on February 6, 1981.