R. v. Brown (M.), 2011 MBCA 63

• Judge: Beard, J.A.
• Court: Court of Appeal (Manitoba)
• Case Date: July 21, 2011
• Jurisdiction: Manitoba
• Citations: 2011 MBCA 63;(2011), 268 Man.R.(2d) 213 (CA)

R. v. Brown (M.) (2011), 268 Man.R.(2d) 213 (CA);

      520 W.A.C. 213

MLB headnote and full text

Temp. Cite: [2011] Man.R.(2d) TBEd. AU.003

Her Majesty The Queen (respondent/respondent) v. Michael Brown (accused/appellant/applicant)

(AR 11-30-07582; 2011 MBCA 63)

Indexed As: R. v. Brown (M.)

Manitoba Court of Appeal

Beard, J.A.

July 25, 2011.

Summary:

Brown was convicted of speeding pursuant to s. 95(1) of the Highway Traffic Act. A summary conviction appeal judge dismissed his appeal. Brown sought leave to appeal.

The Manitoba Court of Appeal, per Beard, J.A., dismissed the application.

Motor Vehicles - Topic 2603

Regulation of vehicles and traffic - Rate of speed - General - Elements of offence - [See Motor Vehicles - Topic 4283 ].

Motor Vehicles - Topic 4283

Offences - Appeals - Leave to appeal - Brown was charged with speeding (Highway Traffic Act, s. 95(1)) - The accused admitted that he was going 87 km/h in 60 km/h zone - A judicial justice of the peace convicted him driving at a speed over 100 km/h - A summary conviction appeal judge dismissed Brown's appeal - Brown sought leave to appeal - The Manitoba Court of Appeal, per Beard, J.A., dismissed the application - Section 95(1) did not require proof of any particular rate of speed, only proof that the speed exceeded that permitted by law - The actual rate of speed of the vehicle was not an element of the offence in s. 95(1) - The actual rate of speed might be a factor in sentencing and other penalties, but it was not relevant to the conviction - Given Brown's admission that he was speeding, there was no merit to Brown's conviction appeal - There was no arguable case of substance warranting the attention of the full court.

Cases Noticed:

R. v. Oliver (B.), [2011] Man.R.(2d) Uned. 6; 2011 MBCA 12, refd to. [para. 6].

York (Regional Municipality) v. Winlow (2009), 265 O.A.C. 326; 2009 ONCA 643, refd to. [para. 15].

Counsel:

G.F. Wiebe, for the applicant;

A.Y. Kotler, for the respondent.

This application was heard in Chambers on July 21, 2011, before Beard, J.A., of the Manitoba Court of Appeal, who pronounced the following decision on July 25, 2011.