R. v. Emery (R.D.), [2015] A.R. TBEd. NO.018
| Judge | Browne, J. |
| Court | Court of Queen's Bench of Alberta (Canada) |
| Case Date | June 18, 2015 |
| Citations | [2015] A.R. TBEd. NO.018;2015 ABQB 679 |
R. v. Emery (R.D.), [2015] A.R. TBEd. NO.018
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Temp. Cite: [2015] A.R. TBEd. NO.018
Richard Devon Emery (appellant) v. Her Majesty the Queen (respondent)
(130525348S1; 2015 ABQB 679)
Indexed As: R. v. Emery (R.D.)
Alberta Court of Queen's Bench
Judicial District of Edmonton
Browne, J.
October 30, 2015.
Summary:
Emery was charged with one count of careless driving under s. 115(2)(b)) of the Traffic Safety Act, as a result of a motor vehicle collision that resulted in the death of an individual in unusual circumstances. A Provincial Court judge convicted Emery. He received the maximum sentence permitted under the legislation, being a three month licence suspension (Traffic Safety Act, s. 86(1)) and a $2,000 fine (Provincial Offences Procedure Act, s .7(1)). Emery appealed his conviction.
The Alberta Court of Queen's Bench dismissed the appeal. The trial judge's approach to the rule in Browne v. Dunn issue showed no error of law. In this case, it was reasonable for the trial judge to take into account defence counsel's failure to put the theory of the defence to the various Crown witnesses to allow them to comment. While the court might have, in certain instances, weighted inconsistencies or balanced the various narratives in a different manner, the trial judge's reconstruction of the collision and the resulting factual matrix was a reasonable one. The trial judge's conclusion that Emery was guilty of careless driving was reasonable.
Criminal Law - Topic 4300
Procedure - Trial judge - Duties and functions of - Respecting credibility of witnesses (incl. accused) - See paragraph 44.
Criminal Law - Topic 4377
Procedure - Charge or directions - Jury or judge alone - Directions regarding credibility of witnesses - See paragraph 44.
Criminal Law - Topic 5404
Evidence and witnesses - Witnesses - Credibility - See paragraphs 41 to 47.
Evidence - Topic 4716
Witnesses - Examination - Cross-examination - On testimony to be contradicted - See paragraphs 32 to 38.
Motor Vehicles - Topic 2062
Regulation of vehicles and traffic - Careless driving - What constitutes - See paragraphs 58 to 68.
Motor Vehicles - Topic 2063
Regulation of vehicles and traffic - Careless driving - Elements - See paragraphs 50 to 57.
Motor Vehicles - Topic 2072
Regulation of vehicles and traffic - Careless driving - Evidence and proof - See paragraph 55.
Motor Vehicles - Topic 4282
Offences - Appeals - Scope of review - See paragraphs 27 to 30.
Counsel:
Timothy J. Dunlap, for the appellant;
Matthew Griener, for the respondent.
This appeal was heard on June 18, 2015, by Browne, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following memorandum of decision on October 30, 2015.
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R v Abdullahi,
...book of authorities. I have reviewed the following cases: R v Beyer, 2011 ABPC 198; R v Beauchamp [1952] OJ No 495 (ONCA); R v Emery, 2015 ABQB 679; R v Irwin, 2019 ABPC 290; R v Nguyen, 2019 ABPC 14. [63] The Traffic Safety Act is the governing sta......
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R v Mooney,
...Relative to the second element, Justice Browne noted in R v Emery, 2015 ABQB 679 at para 54 that an earlier decision of the Alberta Court of Queen’s Bench endorsed “that some level of mens rea was required for this offence” but the mens rea element has not been describe......
-
R v Mooney,
...been overtaken in evolution of the law. See in that regard R v Brown (1986), 71 AR 137, paras 9-14 (QB) (post-Beauchamp) and R v Emery, 2015 ABQB 679, para 54, 90 MVR (6th) 44 [30] In addition, we do not see R v Sanders, 2006 ABQB ......
-
R v Mooney,
...been overtaken in evolution of the law. See in that regard R v Brown (1986), 71 AR 137, paras 9-14 (QB) (post- Beauchamp) and R v Emery, 2015 ABQB 679, para 54, 90 MVR (6th) 44 (post- 30 In addition, we do not see R v Sanders, 2006 ABQB 393, paras 54-58, 400 AR 136, relied upon by the Crown......
-
R v Abdullahi,
...book of authorities. I have reviewed the following cases: R v Beyer, 2011 ABPC 198; R v Beauchamp [1952] OJ No 495 (ONCA); R v Emery, 2015 ABQB 679; R v Irwin, 2019 ABPC 290; R v Nguyen, 2019 ABPC 14. [63] The Traffic Safety Act is the governing sta......
-
R v Mooney,
...Relative to the second element, Justice Browne noted in R v Emery, 2015 ABQB 679 at para 54 that an earlier decision of the Alberta Court of Queen’s Bench endorsed “that some level of mens rea was required for this offence” but the mens rea element has not been describe......
-
R v Mooney,
...been overtaken in evolution of the law. See in that regard R v Brown (1986), 71 AR 137, paras 9-14 (QB) (post-Beauchamp) and R v Emery, 2015 ABQB 679, para 54, 90 MVR (6th) 44 [30] In addition, we do not see R v Sanders, 2006 ABQB ......
-
R v Mooney,
...been overtaken in evolution of the law. See in that regard R v Brown (1986), 71 AR 137, paras 9-14 (QB) (post- Beauchamp) and R v Emery, 2015 ABQB 679, para 54, 90 MVR (6th) 44 (post- 30 In addition, we do not see R v Sanders, 2006 ABQB 393, paras 54-58, 400 AR 136, relied upon by the Crown......