R. v. Howard (R.S.), (1994) 119 Sask.R. 150 (ProvCt)

• Judge: Bobowski, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: April 27, 1994
• Jurisdiction: Saskatchewan
• Citations: (1994), 119 Sask.R. 150 (ProvCt)

R. v. Howard (R.S.) (1994), 119 Sask.R. 150 (ProvCt)

MLB headnote and full text

Her Majesty The Queen on the Information of Cpl. Randy Kolibaba, a peace officer of Pelly in the Province of Saskatchewan (informant) v. Robert S. Howard of Box 398 Pelly in the Province of Saskatchewan (accused)

Indexed As: R. v. Howard (R.S.)

Saskatchewan Provincial Court

Bobowski, P.C.J.

April 27, 1994.

Summary:

The accused was charged with operating a motor vehicle while disqualified of his right or privilege to do so, contrary to s. 259(4) of the Criminal Code.

The Saskatchewan Provincial Court con­sidered the evidence concerning identity and found the accused not guilty.

Criminal Law - Topic 5241

Evidence and witnesses - Identification - Eye witness identification - At 1:45 a.m. police engaged emergency lights to stop a vehicle for having a single headlight, but realized it was a motorcycle - The motor­cycle passed by the police vehicle and turned east - The operator wore a full face helmet, but one of the officers recognized the accused as the driver - The police travelled around the block (after losing sight of the motorcycle) and observed the accused on the sidewalk - He was 75 to 100 yards from his residence - A motor­cycle resembling the one observed was found in the yard adjacent to the accused's, where there were two other individuals present - The accused was charged with operating a motor vehicle while disqual­ified - The Saskatchewan Provincial Court found the accused not guilty.

Cases Noticed:

R. v. Turnbull (1976), 3 All E.R. 549 (C.A.), appld. [para. 5].

R. v. Keane (1977), 65 Cr. App. R. 247 (C.A.), consd. [para. 6].

R. v. Browne (1951), 11 C.R. 297 (B.C.C.A.), consd. [para. 8].

R. v. Smith (1952), 103 C.C.C. 58 (Ont. C.A.), consd. [para. 9].

R. v. Duhamel, [1981] 1 W.W.R. 22; 24 A.R. 215 (C.A.), consd. [para. 10].

R. v. McDonald (1951), 4 W.W.R.(N.S.) 14 (B.C.C.A.), consd. [para. 10].

R. v. Miskiman (J.M.) (1993), 110 Sask.R. 71 (Q.B.), refd to. [para. 12].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 259(4) [para. 1].

Counsel:

P. Polishchuk, for the Crown;

T. Campbell, for the accused.

This case was heard before Bobowski, P.C.J., of Saskatchewan Provincial Court, who delivered the following judgment on April 27, 1994.