R. v. Skinner (D.W.), (1988) 77 Nfld. & P.E.I.R. 265 (NFPC)

JudgeWoodrow, P.C.J.
CourtNewfoundland and Labrador Provincial Court (Canada)
Case DateDecember 16, 1988
JurisdictionNewfoundland and Labrador
Citations(1988), 77 Nfld. & P.E.I.R. 265 (NFPC)

R. v. Skinner (D.W.) (1988), 77 Nfld. & P.E.I.R. 265 (NFPC);

    240 A.P.R. 265

MLB headnote and full text

Her Majesty the Queen v. Derek W. Skinner

Indexed As: R. v. Skinner (D.W.)

Newfoundland Provincial Court

Woodrow, P.C.J.

December 16, 1988.

Summary:

An accused was charged with operating a motor vehicle while having more than 80 milligrams of alcohol in 100 millilitres of blood contrary to sections 237(b) and 239(1) of the Criminal Code. The accused claimed that the test was invalid because the technician failed to retest the machine after the ampoule of solution was changed between the first and second breath samples.

The Newfoundland Provincial Court dismissed the charge.

Criminal Law - Topic 1374

Motor vehicle - Impaired driving - Breathalyzer - Evidence and certificate evidence of results of analysis of breathalyzer solution, of breath sample or other body substances - Breathalyzer machine ampoule of potassium dichromate - An accused was charged after he failed the breathalyzer test - The technician failed to retest the machine when the ampoule of solution was changed before the second breath sample was given - The accused claimed the technician's failure to retest invalidated the certificate of operation required by s. 241(1)(g)(i) of the Code - The Newfoundland Provincial Court dismissed the charge - See paragraph 9.

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 237(b), sect. 239(1) [para. 1]; sect. 241(1)(g)(i) [paras. 4-6, 9].

Counsel:

P. Goulding for the Crown;

D. Orr for the defence.

This matter was heard by Woodrow, P.C.J., of the Newfoundland Provincial Court, who delivered the following judgment on December 16, 1988.

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