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CASE NO.                                      VOL. NO.                                             PAGE

 

 

 

KEVIN BRUCE WILE                        - and -          HER MAJESTY THE QUEEN 

 

 

(Appellant)                                                                                          (Respondent)

                                                              

 

 CAC 169686                                 Halifax, N.S.                          Flinn, J.A. (Orally)

                                                                                                                             

 

[Cite as:  R. v. Wile 2001 NSCA 183]

 

APPEAL HEARD:                                         December 13, 2001

 

JUDGMENT DELIVERED:                           December 13, 2001

 

WRITTEN RELEASE OF ORAL: December 13, 2001

 

SUBJECT:       Motor Vehicle Act - Driving While License Suspended (Section 287(2) - Defence of Due Diligence)

 

SUMMARY:    The appellant was convicted of driving a motor vehicle while his license was suspended.  Both the trial judge and the summary conviction appeal court judge rejected the appellant’s defence of due diligence in the circumstances of this case.

 

RESULT:         On this summary conviction appeal leave of the court is required and the appeal is restricted to a grounds that involve a question of law alone.

 

The decision of the summary conviction appeal court judge discloses no error law.  Leave to appeal is denied.

 

The Crown’s application for costs is dismissed.

 

 

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