Case Categories: Defence evidence and 5 - EVIDENCE
R v. Whalen, 2010 ONCA 712 (Court):
[1] THE COURT:– The conviction on refusing did not depend on accepting the police evidence. The appellant’s own evidence established both the actus reas and mens rea of the offence. The trial judge was entitled to accept this evidence and find, as he did, that the appellant did not want to provide adequate samples.
[2] Appeal dismissed.
Case Categories: Defence evidence and 5 - EVIDENCE