R. v. Reed, (1982) 18 Sask.R. 357 (QB)

• Judge: Geatros, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 18, 1982
• Jurisdiction: Saskatchewan
• Citations: (1982), 18 Sask.R. 357 (QB)

R. v. Reed (1982), 18 Sask.R. 357 (QB)

MLB headnote and full text

R. v. Reed

(No. 21 A.D. 1981)

Indexed As: R. v. Reed

Saskatchewan Court of Queen's Bench

Judicial Centre of Wynyard

Geatros, J.

August 18, 1982.

Summary:

An accused was acquitted of a charge of driving with an excessive blood-alcohol content contrary to s. 236 of the Criminal Code of Canada. The Crown appealed.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Criminal Law - Topic 1376

Motor vehicles - Impaired driving - Breathalyzer - Proof of blood-alcohol content - Two breath samples were taken more than two hours after an offence under s. 236 was alleged to have been committed - The Saskatchewan Court of Queen's Bench held that the Crown could not therefore rely on the presumption that the result of the chemical analysis was proof of the proportion of alcohol in the blood at the time of the offence - The court stated that where the presumption was inapplicable, the Crown must prove all the elements of the offence beyond a reasonable doubt - See paragraphs 2 to 6.

Evidence - Topic 7009

Opinion evidence - Expert evidence - Proof of assumptions - The Saskatchewan Court of Queen's Bench applied the principle that where an expert's testimony is based on assumptions, the testimony should not be accepted unless there is evidence to substantiate or give basis in fact to the assumptions - See paragraphs 2, 7 to 8.

Cases Noticed:

R. v. Nelson (1982), 16 Sask.R. 391 (Sask. Q.B.), folld. [para. 4].

R. v. Pitura, [1975] W.W.D. 185, refd to. [para. 6].

R. v. Brandt (1978-79), 3 W.C.B. 437, appld. [para. 7].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 237(1)(c) [para. 4].

Counsel:

L.A. Matsalla, for the Crown;

R.A. Leland, for the respondent.

This appeal was heard before GEATROS, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Wynyard. The decision of GEATROS, J., was delivered at Melville, Saskatchewan, on August 18, 1982: