R. v. Burry, (1984) 65 N.S.R.(2d) 164 (ProvCt)
Judge | Carver, J. |
Court | Provincial Court of Nova Scotia (Canada) |
Case Date | July 31, 1984 |
Jurisdiction | Nova Scotia |
Citations | (1984), 65 N.S.R.(2d) 164 (ProvCt) |
R. v. Burry (1984), 65 N.S.R.(2d) 164 (ProvCt);
147 A.P.R. 164
MLB headnote and full text
R. v. Burry
Indexed As: R. v. Burry
Nova Scotia Provincial Court
Carver, J.
July 31, 1984.
Summary:
The accused was charged with driving with an excessive blood/alcohol content contrary to s. 236 of the Criminal Code of Canada. At trial an issue arose over whether the Crown had proved beyond a reasonable doubt the identity of the accused. The Nova Scotia Provincial Court discussed the issue of identity, concluded that the accused's identity was established and convicted the accused.
Evidence - Topic 1381
Relevant facts - Identity - General - The Nova Scotia Provincial Court discussed what was necessary to establish the identity of an accused charged with an alcohol related driving offence.
Cases Noticed:
R. v. Deamond (1976), 17 N.S.R.(2d) 242; 19 A.P.R. 242, refd to. [para. 2].
R. v. Streach (1951), 12 C.R.N.S. 193, refd to. [para. 2].
Martin v. White, [1910] 1 H.B.D. 665, refd to. [para. 2].
R. v. McLean, 22 C.R.N.S. 181, refd to. [para. 3].
R. v. Lively, 9 C.R.N.S. 128, refd to. [para. 3].
Statutes Noticed:
Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 236 [para. 1].
Counsel:
Patrick Burke, for the Crown;
David MacDonald, for Burry.
This case was heard before Carver, J., of the Nova Scotia Provincial Court, who delivered the following decision on July 31, 1984:
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