R. v. Pontikes, (1983) 28 Sask.R. 6 (QB)

• Judge: Gerein, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: July 26, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 28 Sask.R. 6 (QB)

R. v. Pontikes (1983), 28 Sask.R. 6 (QB)

MLB headnote and full text

R. v. Pontikes

(No. 53 A.D. 1982)

Indexed As: R. v. Pontikes

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Gerein, J.

July 26, 1983.

Summary:

A bartender was convicted under s. 145(6) of the Liquor Licensing Act of failing to demand identification from a customer who appeared to be a minor. The accused appealed his conviction and sentence.

The Saskatchewan Court of Queen's Bench dismissed the appeal from conviction, but allowed the appeal from sentence.

Liquor Control - Topic 3561

Offences and penalties - Sale - Elements - Proof of age - A bartender was charged under s. 145(6) of the Liquor Licensing Act with failing to demand identification from a customer who appeared to be a minor - At trial the accused argued that there had to be proof that the customer was a minor before the accused could be convicted - The Saskatchewan Court of Queen's Bench convicted the accused - The court stated that under s. 145(6) there is no requirement that the Crown prove the actual age of the customer and the only relevant consideration is the customer's appearance - See paragraphs 5 to 7.

Liquor Control - Topic 3568

Offences and penalties - Sale - Punishments - A 31 year old male bartender was convicted under s. 145(6) of the Liquor Licensing Act with failing to demand identification from a customer who appeared to be a minor - The accused had no previous criminal record - The Saskatchewan Court of Queen's Bench noted that the offence happened within a matter of minutes, which was different than if the accused observed the customer for a lengthy period of time - The court imposed a fine of $50.00.

Cases Noticed:

R. v. Sundre Investments Ltd. (1965), 51 W.W.R.(N.S.) 189, refd to. [paras. 5, 11].

R. v. Schill (1968), 64 W.W.R.(N.S.) 317, refd to. [para. 5].

Park Valley Enterprises Ltd., [1971] 1 W.W.R. 302, refd to. [para. 5].

R. v. Loustel (1981), 11 Sask.R. 145, refd to. [para. 5].

R. v. Rysz (1962-63), 40 W.W.R.(N.S.) 627, refd to. [para. 11].

R. v. Vetrovec (1982), 67 C.C.C.(2d) 1; 41 N.R. 606 (S.C.C.), folld. [para. 13].

Statutes Noticed:

Liquor Licensing Act, R.S.S. 1978, c. L-21, sect. 145(1)(6).

Counsel:

R.A. Robertson, for the appellant;

S. Hanson, for the respondent.

This appeal was heard before Gerein, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on July 26, 1983: