R. v. White, (1978) 41 N.S.R.(2d) 474 (ProvCt)

• Judge: Carver, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: January 10, 1978
• Jurisdiction: Nova Scotia
• Citations: (1978), 41 N.S.R.(2d) 474 (ProvCt)

R. v. White (1978), 41 N.S.R.(2d) 474 (ProvCt);

    76 A.P.R. 474

MLB headnote and full text

R. v. White

Indexed As: R. v. White

Nova Scotia Provincial Court

Carver, P.C.J.

January 10, 1978.

Summary:

This headnote contains no summary.

Evidence - Topic 1687

Hearsay rule exceptions - Official statements - Certificates - Notice of intention to offer - The accused was charged with driving after consuming an excessive amount of alcohol contrary to s. 236 of the Criminal Code - The police officer went to the accused's home to serve the accused with the notice of intention to produce certificate evidence, but the accused was not at home - The notice was served on the accused's wife - The Nova Scotia Provincial Court acquitted the accused on the ground that service on the wife was not reasonable notice of an intention to produce as required by s. 237(5) of the Code.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 236 [para. 1]; sect. 237(5) [para. 3].

Counsel:

F.E.L. Fowke, Q.C., for the Crown;

Walton Wm. Cook, Q.C., for the defendant.

This case was heard by CARVER, P.C.J., of the Nova Scotia Provincial Court.

On January 10, 1978, CARVER, P.C.J., delivered the following judgment: