R. v. Brody

R. v. Brody

The video evidence provided a clear, accurate depiction that the accused decelerated but did not come to a complete stop; because the Crown proved all elements beyond a reasonable doubt and the accused did not establish due diligence under R. v. Sault Ste. Marie, the accused was found guilty under s.133(1) of the Motor Vehicle Act and a monetary penalty (fine plus costs) was imposed.

Citation
2013 NSPC 59
Parties
Crown: Her Majesty the Queen; Accused: Evelyn Brody
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 July 2013
Procedural Posture
Criminal Summary Offence (motor Vehicle Act) / Decision Guilty Finding and Monetary Sentence
Outcome
Finding of guilt; fine and costs imposed
Legal Topics
Failure to Stop at Stop Sign, Due Diligence Defence, Video Evidence (r. V. Nikolovski), Sentencing Fines and Costs
Source Language
English
Criminal Law Traffic Law Evidence Failure to Stop at Stop Sign Due Diligence Defence Video Evidence (r. V. Nikolovski) Sentencing Fines and Costs

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Parties

Her Majesty the Queen

Crown

Evelyn Brody

Accused

Procedural Posture

Criminal Summary Offence (motor Vehicle Act) / Decision Guilty Finding and Monetary Sentence

Legal Issues

  1. 1 Whether the accused failed to stop at a stop sign contrary to s.133(1) of the Motor Vehicle Act
  2. 2 Whether the defence of due diligence under R. v. Sault Ste. Marie was established
  3. 3 Whether the video recording was admissible and dispositive of the factual issue (per R. v. Nikolovski)

Ratio Decidendi

The video evidence provided a clear, accurate depiction that the accused decelerated but did not come to a complete stop; because the Crown proved all elements beyond a reasonable doubt and the accused did not establish due diligence under R. v. Sault Ste. Marie, the accused was found guilty under s.133(1) of the Motor Vehicle Act and a monetary penalty (fine plus costs) was imposed.

Court Disposition

Finding of guilt; fine and costs imposed

Orders

  • Finding of guilt recorded for offence contrary to s.133(1) Motor Vehicle Act.
  • Total amount payable $152.41 (comprising $40.00 fine component and $112.41 costs) to be paid within six months.