Supreme Court of Canada
Perry v. The Queen, [1980] 1 S.C.R. 1104
Date: 1980-06-11
Dale Perry Appellant;
and
Her Majesty The
Queen Respondent.
1980: June 11.
Present: Martland, Ritchie, Beetz, Estey,
McIntyre, Chouinard and Lamer JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR
BRITISH COLUMBIA
Criminal law—Driving with more than 80 mgs
of alcohol in blood—Breathalyzer—Meaning of “with an interval of at least
fifteen minutes between the time when the samples were taken”—Criminal Code,
R.S.C. 1970, c. C-34, as am. by 1974-75-76 (Can.), c. 93, ss. 236, 237(1)(c)(ii).
APPEAL from a judgment of the Court of Appeal
of British Columbia dismissing an
appeal from a judgment of Bouck J. of the Supreme Court setting aside by way of
stated case an acquittal of the appellant on a charge under s. 236 of the Criminal
Code. Appeal dismissed.
Arthur Ellis Vertlieb and D.G. Jones, for
the appellant.
Jessie M. MacNeil, for the respondent.
The judgment of the Court was delivered orally
by
MARTLAND J.—We are all in agreement with the reasons
for judgment delivered by Taggart J.A., in the Court of Appeal. The appeal is
dismissed.
Appeal dismissed.
Solicitors for the appellant: Twining,
Vertlieb & Company, Vancouver.
Solicitor for the respondent: The
Regional Crown Counsel, Vancouver.
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