R. v. Goreham

R. v. Goreham

Section 287(2) applies only to driving a motor vehicle of a type or class for which a highway licence could lawfully be issued; because ATVs are prohibited from highway operation and no licence can be issued for them, s.287(2) does not apply to driving an ATV and the accused is not guilty under that subsection.

Citation
2008 NSPC 5
Parties
Prosecution: Her Majesty the Queen; Defendant/accused: Robert Terry Goreham
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 January 2008
Procedural Posture
Criminal — Provincial Court / Trial — Judgment
Outcome
Charge under s.287(2) dismissed; accused found not guilty of driving a motor vehicle while his licence was revoked
Legal Topics
Driver's License Revocation, All Terrain Vehicle (atv), Definition of Motor Vehicle, Prohibited Vehicles on Highway, Section 287(2) Motor Vehicle Act
Source Language
English
Motor Vehicle Law Statutory Interpretation Criminal Law Regulatory Offences Driver's License Revocation All Terrain Vehicle (atv) Definition of Motor Vehicle Prohibited Vehicles on Highway +1 more

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Parties

Her Majesty the Queen

Prosecution

Robert Terry Goreham

Defendant/accused

Procedural Posture

Criminal — Provincial Court / Trial — Judgment

Legal Issues

  1. 1 Whether an ATV is a 'motor vehicle' within the meaning of s.287(2) of the Motor Vehicle Act
  2. 2 Whether a driver's licence revocation is relevant when the vehicle driven (an ATV) is of a type that cannot be licensed for highway use
  3. 3 Whether conviction under s.287(2) requires that the vehicle be of a type or class for which a licence could have been issued

Ratio Decidendi

Section 287(2) applies only to driving a motor vehicle of a type or class for which a highway licence could lawfully be issued; because ATVs are prohibited from highway operation and no licence can be issued for them, s.287(2) does not apply to driving an ATV and the accused is not guilty under that subsection.

Court Disposition

Charge under s.287(2) dismissed; accused found not guilty of driving a motor vehicle while his licence was revoked

Orders

  • Charge under s.287(2) dismissed
  • No conviction recorded under s.287(2); conduct may constitute an offence under s.11 of the Motor Vehicle Act