R. v. Sullivan, (1991) 1 B.C.A.C. 312 (CA)

• Judge: Macdonald, Locke and Southin, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 11, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 1 B.C.A.C. 312 (CA)

R. v. Sullivan (1991), 1 B.C.A.C. 312 (CA);

    1 W.A.C. 312

MLB headnote and full text

Regina (respondent) v. Louis Patrick Sullivan (appellant)

(No. CA011073)

Indexed As: R. v. Sullivan

British Columbia Court of Appeal

Macdonald, Locke and Southin, JJ.A.

June 11, 1991.

Summary:

The accused was convicted of failing to comply with a breathalyzer demand contrary to s. 238(3)(now s. 254) of the Criminal Code. The accused appealed against conviction.

The British Columbia Supreme Court dismissed the appeal. The accused appealed.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 1377

Motor vehicles - Impaired driving - Breathalyzer demand - Refusal to provide breath sample - Police advised the accused of his right to counsel, then made a breathalyzer demand - The accused asked to call his lawyer - The police took the accused to the police station to make his call - En route the accused stated that he would not give a breath sample - The accused talked with his lawyer, was given an appearance notice and was then released - The police did not make a further demand, nor did the accused state he would give a breath sample - There was no basis to believe the demand was withdrawn - The British Columbia Court of Appeal affirmed the accused's conviction for failing to comply with a breathalyzer demand.

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 238 [para. 1].

Criminal Code, R.S.C. 1985, c. C-46, sect. 254 [para. 1].

Counsel:

D.J. Gable, for the appellant;

   K.E.W. Mitchell, for the respondent.

This appeal was heard on April 25, 1991, at Vancouver, B.C., before Macdonald, Locke and Southin, JJ.A., of the British Columbia Court of Appeal.

On June 11, 1991, the following judgment was delivered by the Court: