R. v. Bolland (E.M.), (1993) 118 N.S.R.(2d) 88 (ProvCt)

• Judge: Crowell, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: November 25, 1992
• Jurisdiction: Nova Scotia
• Citations: (1993), 118 N.S.R.(2d) 88 (ProvCt)

R. v. Bolland (E.M.) (1993), 118 N.S.R.(2d) 88 (ProvCt);

  327 A.P.R. 88

MLB headnote and full text

Her Majesty The Queen v. Eric Montgomery Bolland

(No. 296746)

Indexed As: R. v. Bolland (E.M.)

Nova Scotia Provincial Court

Crowell, P.C.J.

January 7, 1993.

Summary:

The accused was charged under s. 83(2) of the Motor Vehicle Act with disobeying a traffic sign (posted speed limit). The accused claimed that the Crown should have charged him with speeding under s. 104.

The Nova Scotia Provincial Court found the accused guilty under s. 83(2). The elements of the offence were proved and it was the Crown's prerogative to proceed under s. 83(2) rather than s. 104.

Motor Vehicles - Topic 3101

Regulation of vehicles and traffic - Ob­servance of signs and traffic control sig­nals - General - The accused was charged under s. 83(2) of the Motor Vehicle Act with disobeying a traffic sign (posted speed limit) - The accused claimed that the Crown should have charged him with speeding under s. 104 - The Nova Scotia Provincial Court found the accused guilty under s. 83(2) - The elements of the offence were proved and it was the Crown's prerogative to proceed under s. 83(2) rather than s. 104.

Motor Vehicles - Topic 4081

Offences - Prosecutions - General - [See Motor Vehicles - Topic 3101 ].

Cases Noticed:

R. v. Potoroka (1992), 17 W.C.B.(2d) 284 (Q.B.), refd to. [para. 15].

Statutes Noticed:

Motor Vehicle Act, R.S.N.S. 1989, c. 293, sect. 83(2), sect. 104(1), sect. 104(2) [para. 1]

Counsel:

Jack Buntain, Q.C., for the Crown;

Eric Bolland, defendant in person.

This case was heard on November 25, 1992, in Kentville, Nova Scotia, before Crowell, P.C.J., of the Nova Scotia Provin­cial Court, who delivered the following judgment on January 7, 1993.