R. v. Rose (G.), (1992) 104 Sask.R. 236 (ProvCt)

• Judge: Meagher, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: September 29, 1992
• Jurisdiction: Saskatchewan
• Citations: (1992), 104 Sask.R. 236 (ProvCt)

R. v. Rose (G.) (1992), 104 Sask.R. 236 (ProvCt)

MLB headnote and full text

Her Majesty The Queen v. Gregory Rose

Indexed As: R. v. Rose (G.)

Saskatchewan Provincial Court

North Battleford

Meagher, P.C.J.

September 29, 1992.

Summary:

The accused was charged with, inter alia, refusing to submit to a breathalyzer test.

The Saskatchewan Provincial Court found the accused not guilty.

Criminal Law - Topic 1377

Motor vehicles - Impaired driving - Breathalyzer - Refusal - The accused was arrested on suspicion of drunk driving - He was given a breathalyzer demand but initially refused - Upon talking to his lawyer he changed his mind and asked to take the test - The police refused the request and he was charged with refusing to submit to a breathalyzer test - The Saskatchewan Provincial Court found the accused not guilty - The court held that where a refusal and subsequent consent all form one continuous sequence of events forming a single transaction, the consent prevails, notwithstanding the prior un­equivocal refusal.

Cases Noticed:

R. v. Cunningham (1989), 97 A.R. 81; 49 C.C.C.(3d) 521 (C.A.), refd to. [para. 16].

R. v. Domik (1979), 2 M.V.R. 301 (Ont. S.C.), refd to. [para. 18].

R. v. Greene (1990), 60 C.C.C.(3d) 362 (N.S.C.A.), refd to. [para. 21].

R. v. Black, [1989] 2 S.C.R. 138; 98 N.R. 281; 93 N.S.R.(2d) 35; 242 A.P.R. 35; 70 C.R.(3d) 97; 50 C.C.C.(3d) 1; 47 C.R.R. 171, refd to. [para. 23].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(a) [para. 13]; sect. 10(b) [para. 14].

Counsel:

Mr. Bartlett, for the Crown;

Mr. Owens, for the accused.

This case was heard before Meagher, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on September 29, 1992.