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Case Briefs Database at
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This is a database of lists of cases connected to particular criminal law issues. You can read the full text for most of the cases listed by visiting https://www.canlii.org/. If you are a law student, student-at-law, or a lawyer and you have additional cases that should be added to this list, please contact us at the email address at the bottom of this page. This portion of the database contains notes (some of which are quite old) made by the author and various students.
R. v. A.J.
[2002] O.J. No. 4999
Facts
ON CJ
The accused had been convicted of operating a motor vehicle while having more than 80 milligrams of alcohol in 100 milligrams of blood six weeks before being charged with refusal to provide a breath sample. A CPIC check revealed, to the police, that the accused had been convicted of a previous offence.
Reasons
ON CJ
As was found in R. v. Middlebrook, [2002] O.J. No. 666, ss. 255(1) of the Criminal Code violates section 12 of the Charter. As there is no minimum mandatory jail sentence for second time offenders who cause bodily harm, the minimum mandatory jail sentence for simple refusal poses a grossly disproportionate punishment.