Case Briefs
Database For Canadian Criminal Law

 R. v. Daly

List of Similar Cases | Add Data to This Case | Edit

 

  Home |Add a new case | List of Issues 
Search for a Case by Name, Cite, Issue, Facts and Reasons

Find A Case That Starts With

 

ID: 674

Title: R. v. Daly

Cite: [1985] O.J. No. 83

Court: ON CA

Date: 14/03/1985

Justices: Lacourciere, Goodman and Cory JJ.A.

Result: Appeal dissmissed

WhoWon: D

Issue: Fifteen Minutes Apart


Charges: over 80


 

Facts

Crown appealing to a over 80 charge on the ground that the Crown had not established that an interval of 15 minutes had expired between the 2 samples of breath were taken. First sample was taken at 2:53 and then the breath tech took 3-5 minutes to determine wheter he had consumed methyl alcohol or ethyl alcohol and he flushed the machine, second test was taken at 3:13 Edit


Reasons

20 minutes elapsed between the time the first test was "conducted" and the time the second sample was taken. The 3-5 minutes taken to determine whether he had consumed methyl or ethyl alcohol and the time taken to flush the machine should not be taken into account in calculating when teh first sample was taken and completed Edit


 

Click this link to Add Your Comments about: R. v. Daly

Click here to Add a Hyperlink re  R. v. Daly