R. v. Greencorn

R. v. Greencorn

The Motor Vehicle Act unambiguously requires a complete stop at a red signal before making a right turn; the officer's testimony and the video showed the accused did not come to a complete stop while the red light remained illuminated, and the accused's mistaken interpretation of a caution sign or lack of pedestrians does not excuse the statutory requirement, therefore guilt established beyond a reasonable doubt.

Citation
2019 NSPC 3
Parties
Prosecution: Her Majesty the Queen; Defendant: Luke Thomas Greencorn
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 February 2019
Procedural Posture
Motor Vehicle Act Offence (red Light) / Decision Verdict
Outcome
Guilty; scheduled fine imposed; three months to pay
Legal Topics
Red Light Offences, Right on Red, Officially Induced Error, Evidence (video)
Source Language
English
Traffic Law Criminal (summary) Statutory Interpretation Red Light Offences Right on Red Officially Induced Error Evidence (video)

Case Brief

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Parties

Her Majesty the Queen

Prosecution

Luke Thomas Greencorn

Defendant

Procedural Posture

Motor Vehicle Act Offence (red Light) / Decision Verdict

Legal Issues

  1. 1 Whether the accused failed to come to a complete stop at a red light before making a right turn
  2. 2 Whether the accused's belief that stopping was only required for pedestrians (based on a caution sign) constitutes a defence or officially induced error
  3. 3 Whether the video and officer evidence proved the offence beyond a reasonable doubt

Ratio Decidendi

The Motor Vehicle Act unambiguously requires a complete stop at a red signal before making a right turn; the officer's testimony and the video showed the accused did not come to a complete stop while the red light remained illuminated, and the accused's mistaken interpretation of a caution sign or lack of pedestrians does not excuse the statutory requirement, therefore guilt established beyond a reasonable doubt.

Court Disposition

Guilty; scheduled fine imposed; three months to pay

Orders

  • Find the defendant guilty as charged under s.93(2)(e)(ii) of the Motor Vehicle Act
  • Impose the scheduled fine as prescribed in the ticket regulations