R. v. Baker (W.), (2015) 368 Nfld. & P.E.I.R. 306 (NLPC)

• Judge: Porter, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: May 06, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 368 Nfld. & P.E.I.R. 306 (NLPC)

R. v. Baker (W.) (2015), 368 Nfld. & P.E.I.R. 306 (NLPC);

    1149 A.P.R. 306

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. JN.012

Her Majesty the Queen v. Winston Baker

(Docket: SOT0821100029; NLPC 0815S15005)

Indexed As: R. v. Baker (W.)

Newfoundland and Labrador Provincial Court

Porter, P.C.J.

June 10, 2015.

Summary:

The accused was charged with imprudent driving, contrary to s. 110(a) of the Highway Traffic Act.

The Newfoundland Labrador Provincial Court found the accused guilty.

Motor Vehicles - Topic 2024

Regulation of vehicles and traffic - Manner of driving - General - Driving without reasonable consideration (imprudent driving) - During a windy and snowy night, on a dark and rural highway with a posted speed limit of 90 km/h, Baker drove his vehicle at a speed which permitted him to pass two other moving vehicles and gain on a police car which was travelling ahead of him - The police car had been travelling at a speed of approximately 70 km/h, but slowed to a crawl because of whiteout conditions and poor visibility - Baker pulled into the oncoming lane, either to pass the police car or to avoid striking the rear of the police car - The Newfoundland and Labrador Provincial Court found Baker guilty of imprudent driving (Highway Traffic Act, s. 110(a)) - The reasonableness of Baker's speed could be gauged by the fact that he was driving faster than the two cars that he did pass, and almost passed the police car - Due to the whiteout conditions, Baker pulled into the oncoming lane when he could not see whether it was a passing lane or whether there was any oncoming traffic.

Cases Noticed:

R. v. Quansah (R.) (2015), 331 O.A.C. 304; 2015 ONCA 237, refd to. [para. 20].

R. v. Walbourne (2005), 25 M.V.R.(5th) 252 (N.L. Prov. Ct.), refd to. [para. 42].

Thibodeau et al. v. Doucette et al. (1957), 40 M.P.R. 53 (N.S.C.A.), refd to. [para. 43].

R. v. Chaulk (B.) (1995), 127 Nfld. & P.E.I.R. 165; 396 A.P.R. 165 (Nfld. Prov. Ct.), refd to. [para. 45].

R. v. Cook (J.), [1999] Nfld. & P.E.I.R. Uned. 10 (Nfld. T.D.), refd to. [para. 46].

Authors and Works Noticed:

Horsley, David, and Foster, R. Brian, Manual of Motor Vehicle Law (2nd Ed. 1974), p. 224 [para. 44].

Counsel:

A. Manning, for the Crown;

W. Baker, on his own behalf.

This matter was heard on May 6, 2015, before Porter, P.C.J., of the Newfoundland and Labrador Provincial Court, Judicial District of Grand Bank, who delivered the following judgment on June 10, 2015.