Saunders v. Sweeney, (1971) 2 Nfld. & P.E.I.R. 8 (NFSC)

JudgeMifflin, J.
CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateNovember 03, 1970
JurisdictionNewfoundland and Labrador
Citations(1971), 2 Nfld. & P.E.I.R. 8 (NFSC)

Saunders v. Sweeney (1971), 2 Nfld. & P.E.I.R. 8 (NFSC)

MLB headnote and full text

Saunders v. Sweeney

Indexed As: Saunders v. Sweeney

Newfoundland Supreme Court

At Trial

Mifflin, J.

July 2, 1971.

Summary:

Appeal by way of trial de novo from an order of Magistrate Oldford, dated November 3, 1970, dismissing on information.

Criminal Law - Topic 1378

Offences against person and reputation - Motor vehicles - Impaired driving - Breathalyzer or blood sample, excuse for refusal to provide - Breathalyzer test - Charge of refusing to comply with demand to submit to test - Reasonable excuse - Crown could not prove accused was driving or had care and control of vehicle - Newfoundland Supreme Court held accused had reasonable excuse to refuse.

Statutes Noticed:

Criminal Code of Canada, S.C. 1953-54, c. 51, sect. 222, sect. 223, sect. 224.

Counsel:

James A. Power, Q.C., Director of Public Prosecutions for the Appellant;

Clarence Dwyer, for the Respondent.

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