Regina v. Winczura

Regina v. Winczura

The trial judge's adverse credibility findings and the clear, definitive prohibition letters provided a rational basis to conclude reliance on alleged oral advice was not reasonable or not proven; therefore the officially induced error defence failed and the conviction was reasonable and must be upheld.

Citation
2000 BCSC 1289
Parties
Respondent (crown): Regina; Appellant/accused: Ryan Richard Alfred Winczura; Counsel for Crown/respondent: W.J. Herdy
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 August 2000
Procedural Posture
Criminal Appeal (driving While Prohibited) / Appeal From Conviction at Trial
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Officially Induced Error, Reasonable Reliance, Credibility, Appeal Under S.686(1)(a)(i) Criminal Code, Driving Prohibition
Source Language
English
Criminal Law Administrative Law Regulatory Offences Evidence Officially Induced Error Reasonable Reliance Credibility Appeal Under S.686(1)(a)(i) Criminal Code +1 more

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Parties

Regina

Respondent (crown)

Ryan Richard Alfred Winczura

Appellant/accused

W.J. Herdy

Counsel for Crown/respondent

Procedural Posture

Criminal Appeal (driving While Prohibited) / Appeal From Conviction at Trial

Legal Issues

  1. 1 Whether the conviction was unreasonable or unsupported by the evidence under s.686(1)(a)(i) Criminal Code
  2. 2 Whether the defence of officially induced error was raised and proven
  3. 3 Whether the accused reasonably relied on advice from Motor Vehicles Branch/ICBC communicated via his parents

Ratio Decidendi

The trial judge's adverse credibility findings and the clear, definitive prohibition letters provided a rational basis to conclude reliance on alleged oral advice was not reasonable or not proven; therefore the officially induced error defence failed and the conviction was reasonable and must be upheld.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Appeal dismissed.