R. v. Johnson (No. 2), (1985) 41 Sask.R. 207 (QB)

• Judge: Gerein, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 19, 1985
• Jurisdiction: Saskatchewan
• Citations: (1985), 41 Sask.R. 207 (QB)

R. v. Johnson (1985), 41 Sask.R. 207 (QB)

MLB headnote and full text

R. v. Johnson

(No. 339 A.D. 1984)

Indexed As: R. v. Johnson (No. 2)

Saskatchewan Court of Queen's Bench

Judicial Centre of Melfort

Gerein, J.

June 19, 1985.

Summary:

The driver of a motor vehicle was stopped for speeding by a peace officer. When asked to identify himself, he gave another person's name and was subsequently issued a speeding ticket under that name. The driver was convicted of driving a motor vehicle in Saskatchewan while disqualified. The driver appealed.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Constitutional Law - Topic 1010

Interpretation of Constitution Act - Requirement that court decisions be restricted to narrow issues - The Saskatchewan Court of Queen's Bench stated that, where the issues in a case do not compel commentary, none should be undertaken - See paragraph 10.

Criminal Law - Topic 4479

Procedure - Separate trials for each information - Whether successive trials on the same day are separate - A driver of a motor vehicle was charged with driving while disqualified and with obstructing a peace officer - Trials were held immediately after each other on both charges with both decisions reserved and rendered together at a later date - The driver appealed his convictions on the ground of prejudice by the judge in hearing evidence on each charge without disposing of each charge separately - The Saskatchewan Court of Queen's Bench held that in reaching his conclusions on each charge the trial judge considered only the evidence tendered in relation to the respective charge; therefore, there was nothing improper in the trial judge hearing evidence on each charge successively - See paragraphs 11 to 17.

Motor Vehicles - Topic 7223

Licensing and regulation of drivers - Licence - Suspension of - Requirement of notice of suspension - Evidence of knowledge - The driver of a motor vehicle was stopped for speeding by a peace officer - When asked to identify himself, he gave another person's name - The driver appealed his conviction of driving while disqualified - The Saskatchewan Court of Queen's Bench dismissed the appeal and held that the fact that the driver gave a false name was a reasonable ground to conclude that the driver knew he was disqualified from driving - See paragraphs 4 to 7.

Motor Vehicles - Topic 7236

Licensing and regulation of drivers - Licence - Suspension of - Intention or mens rea - The Saskatchewan Court of Queen's Bench held that driving while disqualified contrary to s. 247.2(3) of the Vehicles Act created an offence embodying mens rea - See paragraph 5.

Cases Noticed:

R. v. Sault Ste. Marie, [1978] 2 S.C.R. 1299; 21 N.R. 295; 40 C.C.C.(2d) 353; 85 D.L.R.(3d) 161; 3 C.R.(3d) 30, consd. [para. 5].

Monteith v. R. (1985), 11 C.R.R. 344, [para. 9].

Law Society of Upper Canada v. Skapinker, [1984] 1 S.C.R. 357; 53 N.R. 169; 3 O.A.C. 321; 11 C.C.C.(3d) 481, appld. [para. 10].

Hobbs v. Coradazzo (1984), 54 B.C. L.R. 303, refd to. [para. 10].

R. v. Koslowski (1983), 25 Sask.R. 115, appld. [para. 4].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 118(a).

Vehicles Act, R.S.S. 1978, c. V-8, sect. 247.1, sect. 247.2(3).

Counsel:

A. Kapoor, for the appellant accused;

B.A. Knight, for the respondent Crown.

This appeal was heard by Gerein, J., of the Saskatchewan Court of Queen's Bench, who delivered the following judgment on June 19, 1985: