R. v. MacKinnon

R. v. MacKinnon

The dash-cam video, properly admitted and examined, showed that the bus's red flashing lights were not activated at the moment the accused passed; the court accepted the accused's account supported by the video and found the Crown did not prove beyond a reasonable doubt that the accused passed a bus exhibiting flashing red lights, therefore the accused was acquitted.

Citation
2011 NSPC 87
Parties
Crown (prosecution): Her Majesty the Queen; Accused (defendant): Alyssa Renee MacKinnon
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 November 2011
Procedural Posture
Criminal Traffic/summary Offence / Decision on Verdict (trial)
Outcome
Not guilty
Legal Topics
Failure to Stop for School Bus, Admissibility and Weight of Dash Cam/video Evidence, Witness Credibility, Statement Taking and Memory
Source Language
English
Criminal Law Traffic/regulatory Law Evidence Law Failure to Stop for School Bus Admissibility and Weight of Dash Cam/video Evidence Witness Credibility Statement Taking and Memory

Case Brief

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Parties

Her Majesty the Queen

Crown (prosecution)

Alyssa Renee MacKinnon

Accused (defendant)

Procedural Posture

Criminal Traffic/summary Offence / Decision on Verdict (trial)

Legal Issues

  1. 1 Whether the accused failed to stop for a school bus exhibiting flashing red lights contrary to s.103(3) of the Motor Vehicle Act
  2. 2 Whether the dash-cam video was admissible and what weight it should be given
  3. 3 Which witnesses' evidence should be preferred where accounts conflict

Ratio Decidendi

The dash-cam video, properly admitted and examined, showed that the bus's red flashing lights were not activated at the moment the accused passed; the court accepted the accused's account supported by the video and found the Crown did not prove beyond a reasonable doubt that the accused passed a bus exhibiting flashing red lights, therefore the accused was acquitted.

Court Disposition

Not guilty

Orders

  • Accused found not guilty of failing to stop for a school bus contrary to s.103(3) Motor Vehicle Act
  • No further orders recorded