R. v. Mansour (M.A.), (1999) 180 N.S.R.(2d) 51 (CA)

• Judge: Pugsley, Hallett and Bateman, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: September 28, 1999
• Jurisdiction: Nova Scotia
• Citations: (1999), 180 N.S.R.(2d) 51 (CA);1999 NSCA 108

R. v. Mansour (M.A.) (1999), 180 N.S.R.(2d) 51 (CA);

 557 A.P.R. 51

MLB headnote and full text

Temp. Cite: [1999] N.S.R.(2d) TBEd. OC.016

Moody Ahmad Mansour (appellant) v. Her Majesty the Queen (respondent)

(CAC 155441; 1999 NSCA 108)

Indexed As: R. v. Mansour (M.A.)

Nova Scotia Court of Appeal

Pugsley, Hallett and Bateman, JJ.A.

September 28, 1999.

Summary:

An accused appealed his conviction for driving while having an excessive blood­alcohol level.

The Nova Scotia Court of Appeal dis­missed the appeal.

Criminal Law - Topic 4731

Procedure - Information or indictment - Charge or count - Indictable offences - Form and content - Date and description of offence - An accused appealed his convic­tion for driving while having an excessive blood-alcohol level - He submitted that the information specified that the offence had occurred on or about July 5, 1998 whereas the offence had occurred on July 4, 1998 -The summary appeal court judge dis­missed the appeal, holding that the ac­cused, who testified at trial, had not been confused about when the offence had allegedly occurred - The Nova Scotia Court of Ap­peal affirmed the conviction - The accused was not misled by the vari­ance in time, nor was he prejudiced in his defence - The date of the offence as con­tained on the information was not crucial to the defence nor an essential element of the offence.

Cases Noticed:

R. v. G.B. et al. (No. 2), [1990] 2 S.C.R. 30; 111 N.R. 31; 86 Sask.R. 111; 56 C.C.C.(3d) 200; 77 C.R.(3d) 347, refd to. [para. 7].

R. v. Carlson (R.J.) (1995), 142 N.S.R.(2d) 248; 407 A.P.R. 248 (C.A.), refd to. [para. 7].

Counsel:

Craig Clarke, for the appellant;

Kenneth W.F. Fiske, Q.C., for the respon­dent.

This appeal was heard on September 28, 1999, by Pugsley, Hallett and Bateman, JJ.A., of the Nova Scotia Court of Appeal. Pugsley, J.A., delivered judgment orally for the Court of Appeal on the same date and released the following written reasons on September 30, 1999.