Supreme Court of Nova Scotia
Citation: R. v. Walker, 2014 NSSC 423
Date: 2014-07-24
Docket: Hfx No. 427829
Registry: Halifax
Between:
Her Majesty the Queen
Applicant
v.
Barry Joseph Walker
Respondent
Library Heading
|
Judge: |
The Honourable Justice A. David MacAdam |
|
Heard: |
August 13, 2014 in Halifax, Nova Scotia |
|
Final Written Submissions: |
July 24, 2014 |
|
Written Decision: |
November 27, 2014 |
|
Subject: |
Motor vehicle offences; evidence |
|
Summary: |
The respondent was found not guilty of driving with a license plate that was not clearly legible. There was conflicting evidence from the accused and the officer who issued the ticket. The adjudicator gave no reasons for the acquittal. |
|
Issue: |
Did the adjudicator err in law by failing to provide reasons, thereby preventing a meaningful appeal. |
|
Result: |
The lack of reasons for the acquittal was a barrier to effective appellate review. The respondent and the ticketing officer had given different accounts of the incident, and the appeal court could not say with any confidence why the adjudicator came to the conclusion she did. As such, effective review of the substance of the adjudicator’s decision was impossible. The court set aside the acquittal and remitted the matter to the Provincial Court to set a date for a retrial. |
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.