IN THE PROVINCIAL COURT OF NOVA SCOTIA
Citation: R. v. Robertson, 2007 NSPC 32
Date: 20070503
Docket: 1676875
Registry: Truro
Between:
Her Majesty the Queen
v.
Christopher Lee Robertson
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LIBRARY HEADING
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Judge: The Honourable Judge Pamela S. Williams
Trial Heard: March 5, 2007 in Shubenacadie, Nova Scotia
Oral Decision: May 3, 2007
Subject: Failure to comply with an approved screening device demand - Criminal Code of Canada Section 254(2)
Summary: Demand by police officer for sample of accused’s breath into a roadside approved screening device made approximately 30 minutes after: a. officer formed reasonable suspicion that accused had alcohol in his body and b. accused had been detained for said purpose. Accused refused to provide sample of his breath and was charged with failure to comply with the demand.
Main Issue: Whether the demand was made forthwith.
Result: There were no unusual circumstances to justify the 30 minute delay from the time the officer formed her reasonable suspicion and detained the accused to the time of making the demand. The Crown had not proven that the demand and provision of the sample were made forthwith, that is, as soon as reasonably possible. The demand was not a valid demand. Whereas it is not an offence to fail to comply with an invalid demand, accused acquitted.
This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this library sheet.