Saunders v. Sweeney, (1971) 2 Nfld. & P.E.I.R. 8 (NFSC)
Judge | Mifflin, J. |
Court | Supreme Court of Newfoundland and Labrador (Canada) |
Case Date | November 03, 1970 |
Jurisdiction | Newfoundland 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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