Supreme Court

Decision Information

R. v. Guilbault

Court Supreme Court
Date 2010-02-05
Citation 2010 NSSC 26
Docket Ann 310447
Judge/Registrar/Adjudicator Farrar, David P.S. (Honourable Justice) (SC)
Document Type Library Sheet
Relations Decision - R. v. Guilbault - 2010 NSSC 26 - 2010-02-05 - Decision

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: R. v. Guilbault, 2010 NSSC 26

 

Date: 20100205

Docket: Ann No. 310447

Registry: Annapolis Royal

 

Between:

Patrick Guilbault

Appellant

v.

 

Her Majesty the Queen

Respondent

 

LIBRARY HEADING

 

Judge:                            The Honourable Justice David P. S. Farrar

 

Heard:                            December 15, 2009, in Annapolis Royal, Nova Scotia

 

Subject:                          Criminal Law - s. 259(4)(b) of the Criminal Code - mens rea - presumption of regularity.

 

Summary:                      The Appellant was found guilty of operating a motor vehicle disqualified from doing so.  He appealed from the conviction arguing that the Crown had failed to prove the requisite mens rea for the offence.  The Appellant argued that the presumption of regularity did not apply to prove the mens rea of the offence.

 

Issue:                    Whether the Crown had proven the requisite mens rea of the offence.

 

Result:                            Appeal dismissed.  The presumption of regularity applied and the Appellant failed to rebut the presumption.

 

 

 

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