R. v. Martell

R. v. Martell

Service was effective under the common law concept of service because the officer produced, explained and temporarily permitted inspection of the notice and offered the accused the opportunity to retrieve it; the Superintendent's certificate was therefore admissible and, alternatively, the officer's uncontradicted testimony together with the accused's statements established actual knowledge. The appeal is dismissed.

Citation
2005 BCSC 527
Parties
Crown/respondent: Regina; Accused/appellant: Leo Norman Martell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 April 2005
Procedural Posture
Criminal / Appeal From Conviction
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Driving While Prohibited, Knowledge Element, Service of Notice, Admissibility of Certificate, Administrative Driving Prohibition, Section 95(3) Motor Vehicle Act
Source Language
English
Criminal Law Motor Vehicle Law Evidence Driving While Prohibited Knowledge Element Service of Notice Admissibility of Certificate Administrative Driving Prohibition +1 more

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Parties

Regina

Crown/respondent

Leo Norman Martell

Accused/appellant

Procedural Posture

Criminal / Appeal From Conviction

Legal Issues

  1. 1 Whether the accused had knowledge of the driving prohibition
  2. 2 Whether the Superintendent's certificate under s.95(3) was admissible evidence of knowledge
  3. 3 Whether service under s.94.1(1)(c)(ii) requires leaving the written notice with the person served

Ratio Decidendi

Service was effective under the common law concept of service because the officer produced, explained and temporarily permitted inspection of the notice and offered the accused the opportunity to retrieve it; the Superintendent's certificate was therefore admissible and, alternatively, the officer's uncontradicted testimony together with the accused's statements established actual knowledge. The appeal is dismissed.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Appeal dismissed
  • Conviction for driving while prohibited under the Motor Vehicle Act upheld