R. v. Whitty, (1977) 12 Nfld. & P.E.I.R. 361 (NFCA)

• Judge: Furlong, C.J.N., Morgan and Gushue, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: May 19, 1977
• Jurisdiction: Newfoundland and Labrador
• Citations: (1977), 12 Nfld. & P.E.I.R. 361 (NFCA)

R. v. Whitty (1977), 12 Nfld. & P.E.I.R. 361 (NFCA);

    25 A.P.R. 361

MLB headnote and full text

R. v. Whitty

Indexed As: R. v. Whitty

Newfoundland Court of Appeal

Furlong, C.J.N., Morgan and Gushue, JJ.A.

May 19, 1977.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1359

Motor vehicle - Failure to stop at accident scene - Evidence and proof - What constitutes evidence to rebut the presumption that the accused left the scene to avoid criminal or civil responsibility - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 233(3) - The accused struck four children beside the road with his motor vehicle, killing one of them - The accused slowed, but did not stop, then fled - The accused was charged with leaving the scene of an accident - The accused pleaded that he left because he was afraid witnesses at the scene were going to attack him - The accused was acquitted by a magistrate and the Crown appealed - The Newfoundland Court of Appeal dismissed the appeal - The Court of Appeal, Furlong, C.J.N., dissenting, held that the accused's explanation might reasonably be true and constituted "evidence to the contrary" within the meaning of s. 233(3) of the Criminal Code.

Cases Noticed:

R. v. Chitty (1958), 124 C.C.C. 45, appld. [para. 17].

R. v. Deroo, [1963] 3 C.C.C. 282, refd to. [para. 18].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 233(3) [paras. 3, 11, 23].

Counsel:

John McGrath, for the appellant;

Ronald Parsons, for the respondent.

This case was heard on March 29, 1977, at St. John's, Newfoundland, before FURLONG, C.J.N., MORGAN and GUSHUE, JJ.A., of the Newfoundland Court of Appeal.

On May 19, 1977, the judgment of the Court of Appeal was delivered and the following opinions were filed:

FURLONG, C.J.N., dissenting - see paragraphs 1 - 8.

MORGAN, J.A. - see paragraphs 9 - 21.

GUSHUE, J.A. - see paragraphs 22 - 27.