R. v. Strycharz, (1980) 9 Man.R.(2d) 315 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: March 21, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 9 Man.R.(2d) 315 (CoCt)

R. v. Strycharz (1980), 9 Man.R.(2d) 315 (CoCt)

MLB headnote and full text

R. v. Strycharz

Indexed As: R. v. Strycharz

Manitoba County Court

Philp, C.J.

March 21, 1980.

Summary:

This case arose out of a charge against the accused of driving with an excessive blood-alcohol content contrary to s. 236 of the Criminal Code of Canada, R.S.C. 1970, c. C-34. The accused was convicted and appealed.

The Manitoba County Court allowed the appeal and acquitted the accused.

Compare R. v. Erlendson (1981), 9 Man.R.(2d) 304.

Criminal Law - Topic 1574

Motor vehicle - Impaired driving - Breathalyzer - Certificate evidence - Evidence to the contrary - What constitutes - Two breathalyzer readings of the accused taken 18 minutes apart were identical - An expert testified that the identical reading meant that the machine malfunctioned or the operator made a mistake - The Manitoba County Court held that the expert's evidence constituted evidence to the contrary for the purpose of rebutting the presumption raised by the certificate.

Cases Noticed:

R. v. Moreau, [1979] 1 S.C.R. 261; 23 N.R. 541; 42 C.C.C.(2d) 525, appld. [para. 4].

R. v. Rahkola (1979), 48 C.C.C.(2d) 196, appld. [para. 6].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 236.

Counsel:

B. Miller, for the Crown;

R. Tapper, for the defence.

This case was heard on March 21, 1980, at Winnipeg, Manitoba, before PHILP, C.J., of the Manitoba County Court, who delivered the following oral judgment on March 21, 1980: