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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. Daly

[1985] O.J. No. 83

Facts

ON CA

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

Reasons

ON CA

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

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