What is the gravamen of a charge of intentionally failing to provide a sample sufficient for analysis?
Ontario, Canada
The following excerpt is from R. v. Forrest, 2010 ONCJ 170 (CanLII):
[59] It is important to remember that the gravamen of the charge before the court is not simply “the fine objective point of whether the accused has provided a sufficient sample for analysis but rather that the accused has intentionally failed to comply with a proper demand for a sample of breath sufficient for analysis. (See Regina v. Gutierrez, [2001] O.J. No. 3659).
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