R. v. George

R. v. George

Children located inside a school building, even if the building is within 30 metres of the centre line of the highway, are not 'children present on that portion of the highway or on land adjacent to that portion of the highway' under s.103(1); therefore s.103 did not apply and the defendant is not guilty.

Citation
2004 NSPC 28
Parties
Crown: Her Majesty the Queen; Defendant: Malcolm J. George
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 February 2004
Procedural Posture
Criminal (motor Vehicle/traffic) / Trial (verdict)
Outcome
Not guilty (acquitted)
Legal Topics
School Zone Speed Limit, Presence of Children, Interpretation of 'land Adjacent'
Source Language
English
Motor Vehicle Law Statutory Interpretation Criminal Law Traffic Offences School Zone Speed Limit Presence of Children Interpretation of 'land Adjacent'

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Parties

Her Majesty the Queen

Crown

Malcolm J. George

Defendant

Procedural Posture

Criminal (motor Vehicle/traffic) / Trial (verdict)

Legal Issues

  1. 1 Whether children inside a school building located within 30 metres of the highway constitute 'when children are present' under s.103(1) of the Motor Vehicle Act
  2. 2 Scope and meaning of 'land adjacent to that portion of the highway' in s.103(2)

Ratio Decidendi

Children located inside a school building, even if the building is within 30 metres of the centre line of the highway, are not 'children present on that portion of the highway or on land adjacent to that portion of the highway' under s.103(1); therefore s.103 did not apply and the defendant is not guilty.

Court Disposition

Not guilty (acquitted)

Orders

  • Defendant found not guilty