R. v. Benson

R. v. Benson

The Provincial Court has no statutory authority to strike out a conviction entered by operation of SPA s.8(13D); ss.8(18)-(19) do not apply because the conviction was not a default or failure-to-appear conviction as contemplated by those provisions; other remedies (remission, extension of time, or appellate amendment) may exist but striking out is not authorised, therefore the application is dismissed.

Citation
2017 NSPC 37
Parties
Prosecutor: Her Majesty the Queen; Defendant: George William Benson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 July 2017
Procedural Posture
Summary Offence Motor Vehicle Act (s.287(2)) / Application to Strike Out Conviction (heard)
Outcome
Application dismissed
Legal Topics
Striking Out Conviction, Statutory Interpretation, Summary Offence Ticket Regulations, Driver Licence Suspension and Revocation, Remission of Penalties
Source Language
English
Criminal Law Administrative Law Traffic / Motor Vehicle Law Procedural Law Striking Out Conviction Statutory Interpretation Summary Offence Ticket Regulations Driver Licence Suspension and Revocation +1 more

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Parties

Her Majesty the Queen

Prosecutor

George William Benson

Defendant

Procedural Posture

Summary Offence Motor Vehicle Act (s.287(2)) / Application to Strike Out Conviction (heard)

Legal Issues

  1. 1 Whether the Provincial Court has statutory authority to strike out a conviction entered by operation of s.8(13D) of the Summary Proceedings Act where a third party paid an out-of-court settlement
  2. 2 Whether ss.8(18)-(19) of the Summary Proceedings Act authorise striking out in these circumstances
  3. 3 Whether the ticket permitted out-of-court settlement for s.287(2) offences under the Summary Offence Ticket Regulations

Ratio Decidendi

The Provincial Court has no statutory authority to strike out a conviction entered by operation of SPA s.8(13D); ss.8(18)-(19) do not apply because the conviction was not a default or failure-to-appear conviction as contemplated by those provisions; other remedies (remission, extension of time, or appellate amendment) may exist but striking out is not authorised, therefore the application is dismissed.

Court Disposition

Application dismissed

Orders

  • Application to strike out conviction dismissed