R. v. Buchanan

R. v. Buchanan

Appeal dismissed regarding disobeying a police traffic direction because the trial judge's finding that the appellant refused a clear direction was supported by evidence; appeal allowed regarding use of an electronic device because the trial judge erred by convicting without a finding that the appellant was holding...

Source-derived case information.

Citation
2023 BCSC 1343
Parties
Respondent: Rex; Appellant: Mark Anthony Buchanan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 April 2023
Procedural Posture
Criminal Appeal / Summary Conviction Appeal Oral Reasons for Judgment
Outcome
Appeal dismissed as to conviction for disobeying a police officer; appeal allowed as to conviction for use of an electronic device, conviction quashed and matter remitted for a new trial.
Legal Topics
Use of Electronic Device While Driving, Disobeying Police Traffic Direction, Standard of Review, Remedy for Error of Law
Source Language
english
Criminal Law Traffic Law Use of Electronic Device While Driving Disobeying Police Traffic Direction Standard of Review Remedy for Error of Law

Source-derived case record

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Parties

Rex

Respondent

Mark Anthony Buchanan

Appellant

Procedural Posture

Criminal Appeal / Summary Conviction Appeal Oral Reasons for Judgment

Legal Issues

  1. 1 Whether the conviction for using an electronic device under s.214.2(1) was legally supported by a finding that the appellant was holding or operating the phone while driving
  2. 2 Whether the conviction for disobeying a police traffic direction under s.123 was supported by the evidence and findings of the trial judge
  3. 3 Appropriate remedy for an error of law on conviction (new trial versus acquittal)

Ratio Decidendi

Appeal dismissed regarding disobeying a police traffic direction because the trial judge's finding that the appellant refused a clear direction was supported by evidence; appeal allowed regarding use of an electronic device because the trial judge erred by convicting without a finding that the appellant was holding or operating the phone, and the appropriate remedy is a new trial since the record admits a reasonable possibility of conviction on retrial.

Court Disposition

Appeal dismissed as to conviction for disobeying a police officer; appeal allowed as to conviction for use of an electronic device, conviction quashed and matter remitted for a new trial.

Orders

  • Appeal against conviction for disobeying a police officer dismissed.
  • Appeal against conviction for use of an electronic device allowed; conviction quashed; matter remitted to the Provincial Court, Traffic, for a new trial.