R. v. Rawding (G.K.), (1994) 131 N.S.R.(2d) 207 (ProvCt)

• Judge: Crowell, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: April 27, 1994
• Jurisdiction: Nova Scotia
• Citations: (1994), 131 N.S.R.(2d) 207 (ProvCt)

R. v. Rawding (G.K.) (1994), 131 N.S.R.(2d) 207 (ProvCt);

  371 A.P.R. 207

MLB headnote and full text

Her Majesty The Queen v. Gerald Kimberley Rawding

(Case No. 418949)

Indexed As: R. v. Rawding (G.K.)

Nova Scotia Provincial Court

Crowell, P.C.J.

April 27, 1994.

Summary:

The accused was charged under s. 287(2) of the Motor Vehicle Act with operating a motor vehicle while disqualified from driv­ing because of the revocation of his license.

The Nova Scotia Provincial Court con­victed the accused.

Motor Vehicles - Topic 7450

Licensing and regulation of drivers - Offences - Driving while disqualified - The accused was charged under s. 287(2) of the Motor Vehicle Act with operating a motor vehicle while disqualified from driving because of the revocation of his license - A certificate issued by the De­partment of Transportation stated that the accused's license was revoked on October 19, 1985 - The accused argued that the certificate was defective because it did not refer to the status of his license on the date of the offence (August 18, 1993) - The Nova Scotia Provincial Court held that the certificate was valid and convicted the accused.

Cases Noticed:

R. v. Shields (1968), 5 C.R.N.S. 1 (Alta. C.A.), consd. [para. 7].

R. v. Batke (1975), 29 C.C.C.(2d) 255 (B.C.S.C.), consd. [para. 11].

R. v. Kaulback (1983), 58 N.S.R.(2d) 374; 123 A.P.R. 374 (C.A.), consd. [para. 13].

Statutes Noticed:

Motor Vehicle Act, R.S.N.S. 1989, c. 293, sect. 67(4) [para. 20]; sect. 287(2) [para. 1].

Counsel:

Byron Balcom, for the prosecution;

Curtis Palmer, for the defence.

This case was heard at Kentville, Nova Scotia, before Crowell, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on April 27, 1994.