Accused charged with failure to provide a screening device breath sample. Accused made 10 unsuccessful attempts to blow. Police officer testified that the accused was not making genuine attempts to provide a valid sample. Accused testified that he suffered from anxiety and was nervous while trying his best to blow.

Held: Acquitted.

As per Lewko, 2002 SKCA 121, the Crown must prove beyond a reasonable doubt that the accused intentionally refused or failed to blow. Although accused’s evidence was not accepted in its entirety, Court accepted that the accused’s evidence “might reasonably be true.”

Owens – Defence Counsel