R v Isbell

• Jurisdiction: Cayman Islands
• Judge: Alberga, Ag. Magistrate
• Judgment Date: 13 August 1982
• Court: Summary Court (Cayman Islands)
• Date: 13 August 1982

(Summary Ct.

Alberga, Ag. Magistrate

R.

and

Isbell

ROAD TRAFFIC

DRIVING UNDER INFLUENCE OF DRINK-breath test-deliberate frustration of test

On a charge of failing to provide a breath specimen under the Traffic Law, s.62(8), the prosecution must establish oeyond reasonable doubt that (i) the accused was clearly instructed by the constable how long he had continuously to blow into the Intoxilyzer to produce a test reading, and (ii) although he understood what was required, the accused was deliberately doing otherwise in order to frustrate the test (Walker v. Lovell, [1975] 1 W.L.R. 1141, dictum of Lord Diplock applied).

(Summary Ct.

Alberga, Ag. Magistrate

R.

and

Isbell

ROAD TRAFFIC

DRIVING UNDER INFLUENCE OF DRINK-breath test-deliberate frustration of test

On a charge of failing to provide a breath specimen under the Traffic Law, s.62(8), the prosecution must establish oeyond reasonable doubt that (i) the accused was clearly instructed by the constable how long he had continuously to blow into the Intoxilyzer to produce a test reading, and (ii) although he understood what was required, the accused was deliberately doing otherwise in order to frustrate the test (Walker v. Lovell, [1975] 1 W.L.R. 1141, dictum of Lord Diplock applied).