R. v. Schlawitz (U.), (2009) 281 N.S.R.(2d) 262 (SC)

• Judge: Duncan, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 13, 2009
• Jurisdiction: Nova Scotia
• Citations: (2009), 281 N.S.R.(2d) 262 (SC);2009 NSSC 230

R. v. Schlawitz (U.) (2009), 281 N.S.R.(2d) 262 (SC);

    893 A.P.R. 262

MLB headnote and full text

Temp. Cite: [2009] N.S.R.(2d) TBEd. AU.012

Ulrich Schlawitz (appellant) v. Her Majesty The Queen (respondent)

(SD 284357; 2009 NSSC 230)

Indexed As: R. v. Schlawitz (U.)

Nova Scotia Supreme Court

Duncan, J.

July 30, 2009.

Summary:

The accused appealed his conviction for careless driving contrary to s. 100(2) of the Motor Vehicle Act.

The Nova Scotia Supreme Court dismissed the appeal.

Motor Vehicles - Topic 2062

Regulation of vehicles and traffic - Careless driving - What constitutes - The accused drove an unregistered, unlicensed and uninspected motor vehicle one kilometre along a highway on a shredded flat tire, while smoke entered the passenger compartment due to one of many mechanical problems the vehicle had - The accused knew of the vehicle's deficiencies and the hazard it created to himself and the public - The accused was convicted of careless driving (Motor Vehicle Act, s. 100(2)) - The Nova Scotia Supreme Court dismissed the accused's conviction appeal - The trial judge's decision was reasonable and supported by the evidence.

Trials - Topic 1196

Summary convictions - Appeals - Function or powers of summary conviction appeal court - The accused appealed his conviction for careless driving - The Nova Scotia Supreme Court referred to the court's role, sitting as a summary conviction appeal court, as "to determine whether the verdict of the provincial court adjudicator was unreasonable or could not be supported by the evidence. But for an error of law or a miscarriage of justice, the test to be applied by a summary conviction appeal court is whether the trial judge's findings are unreasonable or cannot be supported by the evidence" - See paragraph 13.

Cases Noticed:

R. v. Nickerson (W.S.) (1999), 178 N.S.R.(2d) 189; 549 A.P.R. 189 (C.A.), refd to. [para. 12].

R. v. Naif (W.) (2004), 228 N.S.R.(2d) 399; 723 A.P.R. 399; 2004 NSCA 142, refd to. [para. 13].

R. v. Sault Ste. Marie (City), [1978] 2 S.C.R. 1299; 21 N.R. 295, refd to. [para. 46].

R. v. Creaser (L.H.) (1994), 131 N.S.R.(2d) 302; 371 A.P.R. 302 (Prov. Ct.), refd to. [para. 49].

R. v. Yorston (1991), 106 N.S.R.(2d) 103; 288 A.P.R. 103 (Co. Ct.), refd to. [para. 50].

Counsel:

Ulrich Schlawitz, on his own behalf;

Rosalind Michie, for the Crown.

This appeal was heard on May 13, 2009, at Digby, N.S., before Duncan, J., of the Nova Scotia Supreme Court, who delivered the following judgment on July 30, 2009.