R. v. Kirupakaran
- Citation
- 2019 BCSC 438
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of British Columbia
- Decision
- 30 January 2019
- Posture
- Criminal Appeal (careless Driving) / Appeal From Provincial Court to the Supreme Court of British Columbia; Oral Reasons in Chambers
- Language
- English
More details
- Court
- Supreme Court of British Columbia
- Decision
- 30 January 2019
- Posture
- Criminal Appeal (careless Driving) / Appeal From Provincial Court to the Supreme Court of British Columbia; Oral Reasons in Chambers
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal is dismissed because the appellant failed to demonstrate on the record that he was driving prudently or that the judicial justice erred; however the appellate court found the increase of the penalty from $196 to $368 was improper and reduced it to $196.
Court disposition
Appeal dismissed except that the penalty is reduced from $368 to $196.
Orders
- Appeal dismissed
- Penalty set at $196 (reduced from $368)
- All other aspects of the judicial justice's ruling upheld
02
Material facts
Parties
Regina
Respondent Counsel: K.H. GagnonJason Kirupakaran
Appellant Counsel: J. KirupakaranAmounts and remedies
- Penalty Increased to: CAD 368
- Correct Penalty: CAD 196
03
Procedural history
Posture
Criminal Appeal (careless Driving) / Appeal From Provincial Court to the Supreme Court of British Columbia; Oral Reasons in Chambers
04
Questions and positions
Legal issues
- 01
Whether the appellant was driving prudently (careless driving issue)
- 02
Whether the judicial justice properly increased the penalty from $196 to $368
Party arguments
- Applicant
- Appellant argued he was driving prudently and sought to overturn the conviction or penalty.
- Respondent
- Crown supported the judicial justice's ruling and opposed interference with the conviction; did not justify the penalty increase.
05
Court’s reasoning
Legal principles
- 01
Supreme Court of British Columbia appeal standards / case law
Appellate courts will not interfere with findings of the lower court absent demonstrated error.
- 02
Supreme Court of British Columbia ruling (this case)
A judicial justice's imposition of a penalty must conform to legal authority and procedural correctness.
06
Ratio, limits and disposition
Ratio decidendi
The appeal is dismissed because the appellant failed to demonstrate on the record that he was driving prudently or that the judicial justice erred; however the appellate court found the increase of the penalty from $196 to $368 was improper and reduced it to $196.
Obiter and limits
- Raising the penalty from $196 to $368 by the judicial justice was not in order.
- No basis on the record to conclude the appellant was driving prudently.
Court disposition
Appeal dismissed except that the penalty is reduced from $368 to $196.
- Appeal dismissed
- Penalty set at $196 (reduced from $368)
- All other aspects of the judicial justice's ruling upheld
Source and reliance status
Supreme Court of British Columbia · 30 January 2019
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of British Columbia
Judgment· 30 January 2019
2019 BCSC 438 R. v. Kirupakaran
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Kirupakaran, 2019 BCSC 438 Date: 20190130 Docket: 27482 Registry: Vancouver Regina v. Jason Kirupakaran Before: The Honourable Mr. Justice McEwan On appeal from: Provincial Court of British Columbia, May 30, 2018 (R. v. Kirupakaran, Vancouver File No. AH99349039) Oral Reasons for Judgment In Chambers Counsel for Crown (Respondent): K.H. Gagnon Appearing on his own behalf (Appellant): J. Kirupakaran Place and Date of Trial/Hearing: Vancouver, B.C. January 30, 2019 Place and Date of Judgment: Vancouver, B.C. January 30, 2019 [1] THE COURT: I can see no reason why this court should interfere with the ruling of the judicial justice, except to say that I agree that his raising of the penalty from 196 to 368 was not in order, it should be $196. [2] But the balance of the appeal on the basis that somehow you were driving in a way that was prudent is not made out on the record or made out before me today, and therefore I dismiss the appeal with the exception that the amount should be 196, not 368. "McEwan J."
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