Aswani Kumar Datt

The appellant appealed his conviction for driving over 80 and his seven-month custodial sentence.

He argued that the breath samples were taken by a technician improperly designated by the Minister of Public Safety and Security, rather than the Solicitor General, constituting improper sub-delegation.

The Court of Appeal dismissed the conviction appeal, finding that the change in the Minister's title did not invalidate the delegation of authority under the Criminal Code.

The sentence appeal was also dismissed, as the seven-month term was fit for a fourth conviction, and there was no joint submission binding the sentencing judge.