R. v. Wen
The accused's honest belief that his licence was valid was not reasonable because he failed to take any steps to ascertain the status of his licence after previous convictions; the Crown's certificate conclusively proved the suspension and the accused did not discharge the onus to establish due diligence on a balance of probabilities, therefore guilty verdict is warranted.
- Citation
- 2012 NSPC 57
- Parties
- Crown: Her Majesty The Queen; Accused: Yicheng Wen
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 26 June 2012
- Procedural Posture
- Criminal Motor Vehicle Act Prosecution / Trial Judgment (provincial Court Decision)
- Outcome
- Guilty (conviction entered for driving while suspended)
- Legal Topics
- Due Diligence Defence, License Suspension, Notice of Suspension, Demerit Points, Officially Induced Error
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty The Queen
Crown
Yicheng Wen
Accused
Procedural Posture
Criminal Motor Vehicle Act Prosecution / Trial Judgment (provincial Court Decision)
Legal Issues
- 1 Whether the accused established a due diligence defence to the charge of driving while suspended
- 2 Whether the accused's honest belief that his licence was valid was reasonable
- 3 Whether non-receipt of the Registrar's notice negates the suspension or the Crown's evidence
Ratio Decidendi
The accused's honest belief that his licence was valid was not reasonable because he failed to take any steps to ascertain the status of his licence after previous convictions; the Crown's certificate conclusively proved the suspension and the accused did not discharge the onus to establish due diligence on a balance of probabilities, therefore guilty verdict is warranted.
Court Disposition
Guilty (conviction entered for driving while suspended)
Orders
- Convicted of driving contrary to s.287(2) of the Motor Vehicle Act
Full Case Text
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