SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Prest, 2011 NSSC 244
Date: 20110621
Docket: Ken No. 345579
Registry: Kentville
Between:
Todd Earle Prest Appellant
and
Her Majesty the Queen Respondent
LIBRARY HEADING
Judge: The Honourable Justice Gerald R. P. Moir
Heard: May 10, 2011
Subjects: Criminal law: provincial offences; strict liability, defence of due diligence, defence of officially induced error.
Summary: Mr. Prest was convicted of driving while suspended. Unknown to him, the Registrar had suspended his licence after he pleaded guilty to driving without insurance. The prosecutor had misinformed him and the Registrar's notice was waylaid. The trial judge accepted Mr. Prest's evidence. However, she determined that Mr. Prest's error was a mistake of law. Therefore, she rejected a due diligence defence.
Issues: Whether Mr. Prest established the due diligence defence? Alternatively, whether the evidence supported a defence of officially induced error, which had not been argued before the trial judge?
Result: Summary conviction appeal allowed. The mistake was one of fact and the evidence supported both defences.
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