R. v. Tingley (R.F.), (1992) 143 N.B.R.(2d) 81 (PC)

• Judge: Lampert, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: September 21, 1992
• Jurisdiction: New Brunswick
• Citations: (1992), 143 N.B.R.(2d) 81 (PC)

R. v. Tingley (R.F.) (1992), 143 N.B.R.(2d) 81 (PC);

    143 R.N.-B.(2e) 81; 366 A.P.R. 81

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Her Majesty The Queen v. Reginald Frank Tingley

(119038)

Indexed As: R. v. Tingley (R.F.)

New Brunswick Provincial Court

Judicial District of Moncton

Lampert, P.C.J.

September 21, 1992.

Summary:

The accused was charged with breathalyzer offences. He brought a pretrial motion re­quiring production, prior to trial, of a copy of a police officer's notes.

The New Brunswick Provincial Court granted the motion.

Criminal Law - Topic 4505

Procedure - Trial - Special duties of Crown - Duty to disclose evidence prior to trial - The accused was charged with breathalyzer offences which the Crown elected to proceed with as summary con­viction offences - The accused sought disclosure before trial of a police officer's notes - The New Brunswick Provincial Court stated that the Crown was under a general duty to disclose all relevant information even in summary conviction of­fences - A police officer's notes was rel­evant information that should be produced - On a review of the Crown's refusal to disclose, the Crown must justify refusal on the basis of an exception to the general rule, such as a claim of privilege.

Cases Noticed:

R. v. Stinchcombe, [1991] 3 S.C.R. 326; 130 N.R. 277; 120 A.R. 161; 8 W.A.C. 161; 68 C.C.C.(3d) 1; 8 C.R.(4th) 277, appld. [para. 7].

Authors and Works Noticed:

Charter of Rights Newsletter (Jan. 1992), p. 2 [para. 12].

Ferguson, Gerry, Judicial Reform of Crown Disclosure (1992), 8 C.R.(4th) 295, pp. 296 et seq. [para. 14].

Counsel:

Fowler & Fowler, for the accused;

A. Allman, for the Crown.

This motion was heard before Lampert, P.C.J., of the New Brunswick Provincial Court, Judicial District of Moncton, who delivered the following judgment on Sep­tember 21, 1992.