R. v. Bell (T.M.), 2001 BCCA 99

• Judge: McEachern, C.J.B.C., Lambert and Mackenzie, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: February 07, 2001
• Jurisdiction: British Columbia
• Citations: 2001 BCCA 99;(2001), 152 B.C.A.C. 2 (CA)

R. v. Bell (T.M.) (2001), 152 B.C.A.C. 2 (CA);

    250 W.A.C. 2

MLB headnote and full text

Temp. Cite: [2001] B.C.A.C. TBEd. MR.123

Her Majesty The Queen (respondent) v. Tara Maria Bell (appellant)

(CA26861; 2001 BCCA 99)

Indexed As: R. v. Bell (T.M.)

British Columbia Court of Appeal

McEachern, C.J.B.C., Lambert and Mackenzie, JJ.A.

February 7, 2001.

Summary:

The accused appealed from conviction for dangerous driving causing bodily harm and failing to stop and give particulars with intent to escape liability.

The British Columbia Court of Appeal dismissed the appeal.

Evidence - Topic 1693

Hearsay rule - Exceptions and exclusions - Official statements - Certificates - Admission of - General - A driver struck a pedestrian in a crosswalk but drove off - A witness noted the vehicle's licence plate, which was registered in the name of the accused - The British Columbia Court of Appeal held that the certificate of registration issued under the B.C. Motor Vehicle Act was admissible in a prosecution of offences under the Criminal Code, through the combined effects of ss. 82 and 40 of the Canada Evidence Act - See paragraphs 4 to 8.

Evidence - Topic 3759

Documentary evidence - Public documents - General - Certificate or attestation issued by government employee - Certificate of registered ownership of motor vehicle - [See Evidence - Topic 1693 ].

Motor Vehicles - Topic 6086

Licensing and registration of motor vehicles - Registration - Proof of - [See Evidence - Topic 1693 ].

Cases Noticed:

R. v. Richardson (1980), 26 A.R. 558; 57 C.C.C.(2d) 403 (C.A.), not appld. [para. 5].

R. v. Albright (1987), 79 N.R. 129; 37 C.C.C.(3d) 105 (S.C.C.), appld. [para. 5].

R. v. Marshall (1960), 129 C.C.C. 232 (S.C.C.), refd to. [para. 8].

Bisaillon v. Keable et al. (1983), 51 N.R. 81; 7 C.C.C.(3d) 385 (S.C.C.), refd to. [para. 8].

R. v. Graat (1982), 45 N.R. 451; 2 C.C.C.(3d) 365 (S.C.C.), refd to. [para. 10].

Counsel:

Martin F. Allen, for the appellant;

Marian K. Brown, for the respondent.

This appeal was heard before McEachern, C.J.B.C., Lambert and Mackenzie, JJ.A., of the British Columbia Court of Appeal, at Victoria, British Columbia, on February 7, 2001, when the following decision was delivered orally for the court by Mackenzie, J.A.