R. v. Wesley, (1985) 38 Sask.R. 310 (QB)

• Judge: Hrabinsky, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 15, 1985
• Jurisdiction: Saskatchewan
• Citations: (1985), 38 Sask.R. 310 (QB)

R. v. Wesley (1985), 38 Sask.R. 310 (QB)

MLB headnote and full text

R. v. Wesley

(No. 18)

Indexed As: R. v. Wesley

Saskatchewan Court of Queen's Bench

Judicial Centre of Battleford

Hrabinsky, J.

February 15, 1985.

Summary:

The accused truck driver rear-ended a school bus as it began a signalled left-hand turn at an intersection. The accused's truck lacked sufficient braking power to enable him to stop in time. Five occupants of the bus were injured. The accused was charged with criminal negligence in the operation of a motor vehicle, causing bodily harm, contrary to s. 204 of the Criminal Code of Canada.

The Saskatchewan Court of Queen's Bench found the accused not guilty of criminal negligence, but convicted him of the included offence of dangerous driving contrary to s. 233(4) of the Code.

Criminal Law - Topic 1351

Motor vehicles - Criminal negligence in operation of motor vehicle - Criminal negligence defined - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 204 - The accused truck driver rear-ended a school bus making a signalled left-hand turn at an intersection - The accused's truck lacked sufficient braking power to enable him to stop in time - The accused knew his right front brake was not working properly but believed he still had sufficient braking power - The accused had brake work done prior to the right front brake not working - The Saskatchewan Court of Queen's Bench held that the accused was not criminally negligent in the operation of his truck - See paragraphs 2 to 19.

Criminal Law - Topic 1391

Motor vehicles - Dangerous driving - What constitutes - The accused truck driver rear-ended a school bus making a signalled left-hand turn at an intersection - The accused failed to see the turn signal and thought the bus was going to turn right - The accused acknowledged the loss of some braking power and was travelling too close to the bus to avoid the accident - The Saskatchewan Court of Queen's Bench convicted the accused of dangerous driving contrary to s. 233(4) of the Criminal Code of Canada - See paragraphs 20 to 23.

Cases Noticed:

R. v. Coyne (1958), 124 C.C.C. 176, refd to. [para. 18].

R. v. Titchner (1961), 131 C.C.C. 64, refd to. [para. 18].

R. v. Fotti, [1979] 1 W.W.R. 652; 4 Man.R.(2d) 117 (Man. C.A.), consd. [para. 22].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 202, sect. 204 [para. 17]; sect. 233(4) [para. 21]; sect. 589(5) [para. 20].

Counsel:

D.R. Cann, for the Crown;

R.A. Gibbons, for the accused.

This charge was heard before Hrabinsky, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Battleford, who delivered the following judgment on February 15, 1985: