R. v. Burke
The Crown failed to prove beyond a reasonable doubt that the Accused operated the vehicle without due care and consideration; material uncertainty as to the vehicle's speed and acceptance of the Accused's account that he slowed when he saw the tow truck and was startled by the officer created reasonable doubt, requiring acquittal under s.100(1).
- Citation
- 2014 NSPC 16
- Parties
- Crown: Her Majesty the Queen; Accused: Cale P. Burke
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 10 April 2014
- Procedural Posture
- Criminal / Trial Decision
- Outcome
- Not guilty
- Legal Topics
- Careless Driving, Section 100(1) Motor Vehicle Act, Passing Emergency Vehicles, Credibility Assessment (r. V. W.(d.))
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Cale P. Burke
Accused
Procedural Posture
Criminal / Trial Decision
Legal Issues
- 1 Whether the Accused drove without care and prudence contrary to s.100(1) Motor Vehicle Act
- 2 Whether the Accused exceeded permissible speed when passing emergency vehicles (s.106E)
- 3 Whether the Crown proved guilt beyond a reasonable doubt
Ratio Decidendi
The Crown failed to prove beyond a reasonable doubt that the Accused operated the vehicle without due care and consideration; material uncertainty as to the vehicle's speed and acceptance of the Accused's account that he slowed when he saw the tow truck and was startled by the officer created reasonable doubt, requiring acquittal under s.100(1).
Court Disposition
Not guilty
Orders
- Accused Cale P. Burke acquitted of the charge under s.100(1) Motor Vehicle Act
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