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Case Briefs Database at
 

lawyers.ca duimetrology.com criminal-lawyers.com courthouses.net

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. Budvessel

[1992] B.C.J. No. 1164

Facts

BC SC

The appellant appeals her conviction n Provincial Court on a charge on having the care or control of a moto vehicle while having a blood alcohol content exceeding 0.08. The issue on this appeal is whether the certificate of analysis of samples of the appellants breath tendered and relied upon by the Crown was properly admissible on the trial. The appellantsays it should not have been found admissible and that as there was no other evidnce to support the charge the appeal shoul succeed and the conviction should be quashed.

Reasons

BC SC

In suggesting that the 2 officers used different ways to describe what "appearently" was the same thing, in my view, raises a reasonable doubt whether the alcohol standard was indeed correctly indentified in the certificate of analysis

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