R. v. Shea, (1984) 56 N.B.R.(2d) 277 (PC)

• Judge: Rice, J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: February 23, 1984
• Jurisdiction: New Brunswick
• Citations: (1984), 56 N.B.R.(2d) 277 (PC)

R. v. Shea (1984), 56 N.B.R.(2d) 277 (PC);

    56 R.N.-B.(2e) 277; 146 A.P.R. 277

MLB headnote and full text

Sommaire et texte intégral

R. v. Shea

Indexed As: R. v. Shea

Répertorié: R. v. Shea

New Brunswick Provincial Court

County of Charlotte

Rice, J.

February 23, 1984.

Summary:

Résumé:

The accused was charged with driving while suspended on December 13 and 17. When he was stopped by the police on December 13, the accused had not received his notice of suspension, but the police informed him that they believed he had been suspended.

The New Brunswick Provincial Court acquitted the accused of driving while suspended on December 13, but convicted him for the offence of December 17. The court held that the offence was one of strict liability and found that up to December 13 the accused was not trying to avoid notice and had not received it. However, the statement of the police on December 13 that he was suspended removed the protection of good faith from his protestation that he had not received notice of suspension and rendered him guilty of the December 17 offence.

Motor Vehicles - Topic 4164

Offences - Intent or mens rea - Strict liability offences - Driving while suspended - The New Brunswick Provincial Court held that the offence of driving while suspended contrary to s. 345 of the Motor Vehicle Act, R.S.N.B. 1973, c. M-17, was a strict liability offence, giving the accused the opportunity to show that he was not at fault - See paragraphs 7 to 26.

Motor Vehicles - Topic 7223

Licensing and regulation of drivers - License - Suspension of - Requirement of notice of suspension - When the accused was stopped on December 13 for driving while suspended, he claimed that he had not received notice of suspension - He was stopped again on December 17 - The New Brunswick Provincial Court convicted the accused of the December 17 offence, but not the December 13 one, because up until he was informed on December 13 by the police that they believed he was suspended, the accused did not receive notice of suspension.

Motor Vehicles - Topic 7236

Licensing and regulation of drivers - License - Suspension of - Intent or mens rea - The New Brunswick Provincial Court held that the offence of driving while suspended contrary to s. 345 of the Motor Vehicle Act, R.S. N.B. 1973, c. M-17, was a strict liability offence, giving the accused the opportunity to show that he was not at fault - See paragraphs 7 to 26.

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, appld. [paras. 22,33].

Statutes Noticed:

Motor Vehicle Act, R.S.N.B. 1973, c. M-17, sect. 13 [para. 10]; sect. 297(2)(b) [para. 8]; sect. 3(1)(b) [para. 9]; sect. 345 [para. 11]; sect. 347(1)(a.1) [para. 12].

Counsel:

[None disclosed.]

This case was heard at St. Stephen, N.B., before Rice, J., of the New Brunswick Provincial Court, who delivered the following judgment on February 23, 1984: