R. v. Holloway (A.), (2015) 367 Nfld. & P.E.I.R. 291 (NLPC)

• Judge: Porter, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: May 26, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 367 Nfld. & P.E.I.R. 291 (NLPC)

R. v. Holloway (A.) (2015), 367 Nfld. & P.E.I.R. 291 (NLPC);

      1147 A.P.R. 291

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. MY.030

Her Majesty The Queen v. Alex Holloway

(NLPC SOT 06021107165; Docket: 0615S00002)

Indexed As: R. v. Holloway (A.)

Newfoundland and Labrador Provincial Court

Porter, P.C.J.

May 29, 2015.

Summary:

The accused was charged with driving without a valid licence. The accused's position was that he had received no notice that his licence had been suspended.

The Newfoundland and Labrador Provincial Court found the accused guilty of the offence.

Motor Vehicles - Topic 4164

Offences - Intent or mens rea - Offences of strict liability - [See Motor Vehicles - Topic 7450 ].

Motor Vehicles - Topic 7223

Licensing and regulation of drivers - Licence - Suspension of - Notice of suspension - [See Motor Vehicles - Topic 7450 ].

Motor Vehicles - Topic 7450

Licensing and regulation of drivers - Offences - Driving while disqualified or suspended - On December 10, 2014, a police officer stopped a vehicle driven by the accused which appeared to be speeding - The officer learned that the accused's licence had been suspended - The accused was charged with driving without a valid licence - The accused's position was that he had received no notice that his licence had been suspended - The Newfoundland and Labrador Provincial Court found the accused guilty of the offence - The court stated that "Whether he did or did not receive any notice(s) of his suspension, since the accused is expected to know the law applicable to the safe operation of a motor vehicle, he would have to have known of the mandatory suspension of his driving privileges because of his repeated breaches of the Highway Traffic Act. The alleged failure by the police officer who stopped him for speeding in Gander on October 8, 2014, to remind him of the suspension does not detract from that fact".

Cases Noticed:

R. v. Sault Ste. Marie (City), [1978] 2 S.C.R. 1299; 21 N.R. 295, refd to. [para. 18].

R. v. Keough (C.) (2006), 260 Nfld. & P.E.I.R. 278; 786 A.P.R. 278 (N.L.T.D.), refd to. [para. 19].

R. v. Miller (M.) (2006), 298 N.B.R.(2d) 138; 775 A.P.R. 138; 2006 NBPC 2, refd to. [para. 20].

R. v. Christman (1984), 56 A.R. 108 (C.A.), refd to. [para. 21].

Statutes Noticed:

Highway Traffic Act, R.S.N.L. 1990, c. H-3, sect. 43(1) [para. 17]; sect. 48(1)(k.1) [para. 26].

Highway Traffic Act Regulations (Nfld. and Lab.), Highway Traffic Demerit Point System Regulations, C.N.L.R. 753/96, sect. 4 [para. 22]; sect. 5 [para. 23].

Highway Traffic Demerit Point System Regulations - see Highway Traffic Act Regulations (Nfld. and Lab.).

Counsel:

D. Vavasour, for the Crown;

P. Whalen, for the accused.

This matter was heard on May 26, 2015, before Porter, P.C.J., of the Newfoundland and Labrador Provincial Court, Judicial District of Grand Bank, who delivered the following judgment on May 29, 2015.