R. v. David

R. v. David

The written Notice to Seek Increased Penalty was imprecise and equivocal (it used 'may' and did not identify the specific charge) and therefore failed to satisfy s.727's requirement of clear notification before plea; accordingly the notice is invalid and must be set aside.

Citation
2003 NSPC 9
Parties
Prosecution: R.; Defendant: Maurice Elmar David
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 April 2003
Procedural Posture
Criminal Impaired Driving / Sentence Hearing
Outcome
Written Notice to Seek Increased Penalty declared invalid and set aside.
Legal Topics
Notice to Seek Increased Penalty, Sufficiency of Notice Under S.727, Plea Negotiations and Privilege, Police Administrative Practice, Impaired Driving
Source Language
English
Criminal Law Sentencing Evidence Procedural Law Notice to Seek Increased Penalty Sufficiency of Notice Under S.727 Plea Negotiations and Privilege Police Administrative Practice +1 more

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Parties

R.

Prosecution

Maurice Elmar David

Defendant

Procedural Posture

Criminal Impaired Driving / Sentence Hearing

Legal Issues

  1. 1 Whether the Notice to Seek Increased Penalty satisfied the requirement of s.727 to notify the accused before plea
  2. 2 Whether use of the word 'may' rendered the notice ambivalent and misleading
  3. 3 Whether a police practice of routinely serving the notice on all suspects is lawful and adequate

Ratio Decidendi

The written Notice to Seek Increased Penalty was imprecise and equivocal (it used 'may' and did not identify the specific charge) and therefore failed to satisfy s.727's requirement of clear notification before plea; accordingly the notice is invalid and must be set aside.

Court Disposition

Written Notice to Seek Increased Penalty declared invalid and set aside.

Orders

  • The written Notice to Seek Increased Penalty served on the accused is set aside and declared invalid.