R. v. Anderson (C.R.), (1997) 191 N.B.R.(2d) 396 (CA)

• Judge: Ayles, Ryan and Bastarache, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: September 24, 1997
• Jurisdiction: New Brunswick
• Citations: (1997), 191 N.B.R.(2d) 396 (CA)

R. v. Anderson (C.R.) (1997), 191 N.B.R.(2d) 396 (CA);

    191 R.N.-B.(2e) 396; 488 A.P.R. 396

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [1997] N.B.R.(2d) TBEd. OC.004

Corey Ralph Anderson (appellant) v. Her Majesty The Queen (respondent)

(119/97/CA)

Indexed As: R. v. Anderson (C.R.)

New Brunswick Court of Appeal

Ayles, Ryan and Bastarache, JJ.A.

September 30, 1997.

Summary:

An accused was acquitted on a charge of driving while his driving privileges were suspended. The Crown appealed.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported 190 N.B.R.(2d) 89; 484 A.P.R. 89, allowed the appeal and convicted the accused. The accused appealed.

The New Brunswick Court of Appeal dismissed the appeal and affirmed the con­viction.

Motor Vehicles - Topic 7223

Licensing and regulation of drivers - Licence - Suspension of - Requirement of notice of suspension - On June 27, 1996, a police officer charged the accused with driving while his driving privileges were suspended - The accused said he did not know about the suspension - The Motor Vehicle Branch subsequently advised the officer that the notice of suspension was mailed on June 26, 1996 - The officer voided the charge and advised the accused that his licence was suspended and that he would be receiving notice - On June 29, 1996, the accused was again charged with driving while suspended - The accused argued that he had not received written notice - The accused was convicted where he had actual notice of the suspension and the requisite intention to drive while sus­pended - The New Brunswick Court of Appeal affirmed the conviction.

Motor Vehicles - Topic 7450

Licensing and regulation of drivers - Of­fences - Driving while disqualified or suspended - [See Motor Vehicles - Topic 7223 ].

Cases Noticed:

R. v. MacDougall, [1982] 2 S.C.R. 605; 44 N.R. 560; 54 N.S.R.(2d) 562; 112 A.P.R. 562, refd to. [para. 9].

R. v. Sault Ste. Marie (City), [1978] 2 S.C.R. 1299; 21 N.R. 295; 85 D.L.R.(3d) 161; 40 C.C.C.(2d) 353; 3 C.R.(3d) 30; 7 C.E.L.R. 53, refd to. [para. 9].

R. v. Shea (1984), 56 N.B.R.(2d) 277; 146 A.P.R. 277 (Prov. Ct.), refd to. [para. 9].

R. v. Christman (1984), 56 A.R. 108; 29 M.V.R. 1 (C.A.), refd to. [para. 9].

Statutes Noticed:

Motor Vehicle Act, R.S.N.B. 1973, c. M-17, sect. 12, sect. 13 [para. 2]; sect. 345(1) [para. 6].

Counsel:

Robert D. MacElwain, for the appellant;

Jeffrey L. Mockler, for the respondent.

This appeal was heard on September 24, 1997, before Ayles, Ryan and Bastarache, JJ.A., of the New Brunswick Court of Ap­peal. On September 30, 1997, the following decision was delivered by the court.