R. v. Creaser (L.H.), (1994) 131 N.S.R.(2d) 302 (ProvCt)

• Judge: Batiot, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: April 26, 1994
• Jurisdiction: Nova Scotia
• Citations: (1994), 131 N.S.R.(2d) 302 (ProvCt)

R. v. Creaser (L.H.) (1994), 131 N.S.R.(2d) 302 (ProvCt);

  371 A.P.R. 302

MLB headnote and full text

Her Majesty The Queen v. Lori Hope Creaser

(Nos. 421101; 421102)

Indexed As: R. v. Creaser (L.H.)

Nova Scotia Provincial Court

Batiot, P.C.J.

June 1, 1994.

Summary:

The accused was charged with careless and imprudent driving, contrary to s. 100(2) of the Motor Vehicle Act, and failing to stop at the scene of an accident, contrary to s. 97(1) of the Act.

The Nova Scotia Provincial Court dis­missed the charges.

Motor Vehicles - Topic 2062

Regulation of vehicles and traffic - Care­less driving - What constitutes - The accused was charged under the Motor Vehicle Act with, inter alia, careless and imprudent driving - Rossignol testified that she argued with the accused, that the accused started the vehicle she was in, backed up and drove off and that Rossig­nol fell from the vehicle and was run over - The accused claimed that Rossignol was attacking her and she had to leave to escape an assault and seek help for her friend who was being attacked by Rossig­nol's friends - The Nova Scotia Provincial Court dismissed the charge, holding that the facts were not deserving of a criminal sanction and the accused was in no way negligent.

Motor Vehicles - Topic 2879

Regulation of vehicles and traffic - Acci­dents - Leaving accident scene - Defences - Due diligence - The accused was charged under the Motor Vehicle Act with, inter alia, failing to stop at the scene of an accident - Rossignol testified that she argued with the accused, that the accused started the vehicle she was in, backed up and drove off and that Rossignol fell from the vehicle and was run over - The accused claimed that Rossignol was at­tacking her and she had to leave to escape an assault and seek help for her friend who was being attacked by Rossignol's friends - The accused returned to the scene short­ly after - The Nova Scotia Provincial Court dismissed the charge, where the accused made out the defence of due diligence.

Cases Noticed:

R. v. Mann, [1966] 2 C.C.C. 273 (S.C.C.), consd. [para. 21].

R. v. Loiselle (1953), 109 C.C.C. 31 (Que. Q.B.), consd. [para. 21].

R. v. Wilson (1970), 1 C.C.C.(2d) 466 (Ont. C.A.), consd. [para. 22].

R. v. Beauchamp (1953), 106 C.C.C. 6 (Ont. C.A.), consd. [para. 23].

R. v. Yorston (1991), 106 N.S.R.(2d) 103; 288 A.P.R. 103 (Co. Ct.), consd. [para. 25].

R. v. Perka, Nelson, Hines and Johnson, [1984] 2 S.C.R. 232; [1984] 6 W.W.R. 289; 55 N.R. 1; 42 C.R.(3d) 113; 13 D.L.R.(4th) 1; 14 C.C.C.(3d) 385, refd to. [para. 28].

R. v. Chapin, [1979] 2 S.C.R. 121; 26 N.R. 289; 45 C.C.C.(2d) 333, refd to. [para. 31].

Statutes Noticed:

Motor Vehicle Act, R.S.N.S. 1989, c. 293, sect. 100(1) [para. 20]; sect. 100(2) [para. 3].

Authors and Works Noticed:

Connolly, Richard, Dangerous Operation of a Motor Vehicle: More than Careless, But Less than Criminally Negligent?, 5.3 J.M.V.L. 253, generally [para. 24].

Counsel:

Darrell Carmichael, for the Crown;

Christopher Manning, for the defence.

This case was heard on April 26, 1994, at Halifax, Nova Scotia, before Batiot, P.C.J., of the Nova Scotia Provincial Court, who delivered the following decision on June 1, 1994.