R. v. Scott (R.M.), (1994) 121 Nfld. & P.E.I.R. 87 (NFTD)

• Judge: Roberts, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: June 24, 1994
• Jurisdiction: Newfoundland and Labrador
• Citations: (1994), 121 Nfld. & P.E.I.R. 87 (NFTD)

R. v. Scott (R.M.) (1994), 121 Nfld. & P.E.I.R. 87 (NFTD);

    377 A.P.R. 87

MLB headnote and full text

Her Majesty the Queen (appellant) v. Rennie Maxwell Scott (respondent)

(1994 G.F. No. 74)

Indexed As: R. v. Scott (R.M.)

Newfoundland Supreme Court

Trial Division

Roberts, J.

June 30, 1994.

Summary:

The accused was charged with driving while having an excessive blood alcohol level. The trial judge dismissed the charge where there was no evidence that the accused was served with a copy of the Certificate of Analysis prior to trial. The Crown appealed.

The Newfoundland Supreme Court, Trial Division, dismissed the appeal.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Evidence - Certificate of analysis - Service requirements - Section 258(7) of the Criminal Code required the Crown to give an accused reasonable notice of intention to produce a certificate of analysis and a copy of the certificate - The Newfoundland Supreme Court, Trial Division, stated that s. 258(7) was mandatory and the Crown must satisfactorily establish proof of service.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Evidence - Certificate of analysis - Service requirements - An accused was charged with driving while having an excessive blood alcohol level - At trial, the accused did not object to the admission of the certificate of analysis when it was entered - Subsequently, the accused moved for a directed verdict of dismissal on the ground that the Crown failed to prove that the accused was served with a copy of the certificate as required by s. 258(7) of the Criminal Code - The trial judge dismissed the charge - The Newfoundland Supreme Court, Trial Division, affirmed the decision.

Cases Noticed:

R. v. Martel (1980), 23 A.R. 361; 8 M.V.R. 167 (N.W.T.S.C.), refd to. [para. 4].

R. v. Myers (D.) (1992), 98 Nfld. & P.E.I.R. 142; 311 A.P.R. 142 (Nfld. T.D.), refd to. [para. 4].

R. v. Vivian (1983), 22 M.V.R. 197 (Nfld. Dist. Ct.), refd to. [para. 4].

R. v. Tunke (1975), 25 C.C.C.(2d) 518 (Alta. T.D.), refd to. [para. 10].

R. v. Walsh (P.A.) (1991), 89 Nfld. & P.E.I.R. 350; 278 A.P.R. 350 (Nfld. Prov. Ct.), refd to. [para. 10].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, generally [para. 7].

Criminal Code, R.S.C. 1985, c. C-46, sect. 253(b), sect. 258(7) [para. 1].

Counsel:

Roger Mitchell, for the Crown;

Karl Inder, for the respondent.

This appeal was heard on June 24, 1994, before Roberts, J., of the Newfoundland Supreme Court, Trial Division, who filed the following written reasons on June 30, 1994.