R. v. Stearns (D.F.), (1995) 65 B.C.A.C. 147 (YukCA)

JudgeMcEachern, C.J.B.C., Cumming and Goldie, JJ.A.
CourtCourt of Appeal (Yukon Territory)
Case DateSeptember 22, 1995
Citations(1995), 65 B.C.A.C. 147 (YukCA)

R. v. Stearns (D.F.) (1995), 65 B.C.A.C. 147 (YukCA);

    106 W.A.C. 147

MLB headnote and full text

Regina (appellant) v. Daniel Floyd Stearns (respondent)


Indexed As: R. v. Stearns (D.F.)

Yukon Court of Appeal

McEachern, C.J.B.C., Cumming and Goldie, JJ.A.

September 22, 1995.


The accused was acquitted of driving while having an excessive blood-alcohol content. The Crown appealed.

The Yukon Court of Appeal allowed the appeal, entered a conviction and remitted the matter for sentencing.

Criminal Law - Topic 1372

Motor vehicles - Impaired driving - Breathalyzer - Demand - Reasonable grounds - An officer stopped the accused driver, who "failed" a roadside screening test - The officer used the result as a ground for giving the accused a breathalyzer demand - The officer knew the accused had his last drink more than 15 minutes before the test, but did not ask the accused if he had belched or regurgi­tated during that period before his arrest - The Yukon Court of Appeal held that it could not be assumed that the "fail" read­ing was unreliable and not a valid basis for a reasonable and probable belief in grounds for a breathalyzer demand, par­ticularly when personal observations showed the accused was drinking.

Cases Noticed:

R. v. Bernshaw (N.) (1993), 28 B.C.A.C. 247; 47 W.A.C. 247; 85 C.C.C.(3d) 404 (C.A.), revsd. [1995] 1 S.C.R. 254; 176 N.R. 181; 53 B.C.A.C. 1; 87 W.A.C. 1; 95 C.C.C.(3d) 193, refd to. [para. 12].


R. Garson, for the Crown;

No one appearing for the respondent.

This appeal was heard at Vancouver, British Columbia, before McEachern C.J.B.C., Cumming and Goldie, JJ.A., of the Yukon Territory Court of Appeal. The deci­sion of the court was delivered orally on Septem­ber 22, 1995.

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