Court of Appeal for Saskatchewan Docket: CACR3581 Citation: R v Sweet , 2023 SKCA 50 Date: 2023-04-26 Between: Darcy Lynn Sweet Applicant/Appellant And His Majesty the King Respondent/Respondent Before: Leurer, Barrington-Foote and Tholl JJ.A.

Disposition: Applications for leave to appeal and extension of time to amend notice of appeal granted, and appeal allowed, all by consent Written reasons by: The Court On appeal from: 2022 SKQB 126 , Saskatoon Consent order granted: April 26, 2023 Counsel: Brady Knight and Thomas Hynes for the Appellant Erin Bartsch for the Respondent The Court [ 1 ] Darcy Sweet seeks an extension of time to file an amended notice of appeal, as well as leave to appeal under s. 839 of the Criminal Code , from a decision of a judge of the Court of Queen’s Bench sitting as a

summary conviction appeal court: R v Sweet , 2022 SKQB 126 [ Appeal Decision ]. The Appeal Decision allowed a Crown appeal from the acquittal of Ms. Sweet of a charge of refusing or failing to provide a breath sample into a roadside alcohol screening device, contrary to s. 320.15(1) of the Criminal Code : R v Sweet , 2021 SKPC 12 . [ 2 ] The Crown has consented to an order granting Ms. Sweet the relief she requests and to a judgment of this Court setting aside the Appeal Decision and restoring her acquittal. We agree to this disposition of her applications and of her appeal. [ 3 ] Accordingly, we grant to Ms.

Sweet an extension of time to file her amended notice of appeal. As well, we grant her leave to appeal from the Appeal Decision . Finally, we allow her appeal and restore the acquittal entered by the Provincial Court trial judge. “Leurer J.A.” Leurer J.A. “Barrington-Foote J.A.” Barrington-Foote J.A. “Tholl J.A.” Tholl J.A.