R. v. Taylor (C.), (1996) 145 Sask.R. 60 (QB)

• Judge: Dielschneider, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 29, 1996
• Jurisdiction: Saskatchewan
• Citations: (1996), 145 Sask.R. 60 (QB)

R. v. Taylor (C.) (1996), 145 Sask.R. 60 (QB)

MLB headnote and full text

Clifford Taylor (appellant) v. Her Majesty The Queen (respondent)

(1995 Q.B.A. No. 24)

Indexed As: R. v. Taylor (C.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Battleford

Dielschneider, J.

May 29, 1996.

Summary:

The accused was convicted of driving a motor vehicle while having an excessive blood-alcohol content. The accused appealed, submitting that the trial judge erred in finding that the Crown proved service of the Notice of Intention required by s. 258(7) of the Criminal Code.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Evidence - Certificate evidence of results of analysis - Section 258(7) of the Criminal Code required that the Crown prove that the accused was served with a copy of the breathalyzer certificate and a copy of the Crown's notice of intention to put it in evidence - The accused was served with a single document containing both the breathalyzer certificate and the notice of intention - The technician's oral testimony did not specifically state that the document con­tained the notice - The accused claimed that he was never served with the notice of intention as required by s. 258(7) - The Saskatchewan Court of Queen's Bench stated that "the obvious conclusion is that service of the single sheet of paper on the accused was service upon him of both the certificate of analysis and the notice of intention".

Cases Noticed:

R. v. Block (1979), 48 C.C.C.(2d) 263 (Man. C.A.), refd to. [para. 7].

Medjedovitch v. R. (1980), 8 M.V.R. 304 (Sask. Dist. Ct.), refd to. [para. 10].

R. v. Morgan (1983), 51 A.R. 201; 25 M.V.R. 1 (Q.B.), refd to. [para. 10].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 258(7) [para. 8].

Counsel:

R. Borden, for the appellant;

P. Goldstein, for the respondent.

This appeal was heard before Dielschneider, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Battleford, who delivered the following judgment on May 29, 1996.