R. v. Himmelman

R. v. Himmelman

The offence was constituted by the defendant's failure to remain stopped until the bus proceeded; because the area traversed was private property accessible to the public and used by children, the manoeuvre fell within the Act's scope and breached both the strict wording and the protective purpose of s.103(3), therefore the defendant is guilty.

Citation
2007 NSPC 35
Parties
Crown: Her Majesty the Queen; Defendant: David Ernest Himmelman
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 May 2007
Procedural Posture
Criminal Traffic Offence / Guilty Finding / Sentencing (fine)
Outcome
Defendant found guilty as charged under s.103(3) of the Motor Vehicle Act.
Legal Topics
School Bus Passing, Definition of Highway, Motor Vehicle Act S.103(3), Child Safety
Source Language
English
Traffic Law Criminal Law Statutory Interpretation School Bus Passing Definition of Highway Motor Vehicle Act S.103(3) Child Safety

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Parties

Her Majesty the Queen

Crown

David Ernest Himmelman

Defendant

Procedural Posture

Criminal Traffic Offence / Guilty Finding / Sentencing (fine)

Legal Issues

  1. 1 Whether the defendant committed the offence under s.103(3) of the Motor Vehicle Act for passing a school bus with flashing red lights
  2. 2 Whether driving through adjacent private property open to the public constitutes passing on a highway under the Act
  3. 3 Whether the offence is comprised of failing to stop and remain stopped rather than the location or manner of passing

Ratio Decidendi

The offence was constituted by the defendant's failure to remain stopped until the bus proceeded; because the area traversed was private property accessible to the public and used by children, the manoeuvre fell within the Act's scope and breached both the strict wording and the protective purpose of s.103(3), therefore the defendant is guilty.

Court Disposition

Defendant found guilty as charged under s.103(3) of the Motor Vehicle Act.

Orders

  • Fine as shown on the ticket; court clerk to issue fine notice
  • Payment to be made by July 11 (one month granted for payment)