Provincial Court

Decision Information

R. v. George

Court Provincial Court
Date 2004-02-02
Citation 2004 NSPC 28
Docket 1268090
Judge/Registrar/Adjudicator Tufts, Alan T. (Honourable Judge)
Document Type Library Sheet
Relations Decision - R. v. George - 2004 NSPC 28 - 2004-02-02 - Decision

Decision Content

                                         PROVINCIAL COURT OF NOVA SCOTIA

                                        Citation: R. v. Malcolm George, 2004 NSPC 28

 

                                                                                                                                  Date: 20040202

                                                                                                                                Docket: 1268090

                                                                                                                              Registry: Kentville

 

Between:

                                                            Her Majesty the Queen

                                                                                                                                                             

                                                                             v.

                                                                Malcolm J. George

                                                                                                                                                             

 

 

                                                         LIBRARY HEADING

 

 

Judge:             The Honourable Judge Alan T. Tufts

 

Heard:                        December 18,. 2003 in Kentville, Nova Scotia

 

 

Wirtten Decision:       May 11, 2004

 

Subject:                       Section 103(1) Motor Vehicle Act

 

Summary:                   The defendant was charged under s. 103 of the Motor Vehicle Act and there was no dispute that he was exceeding the speed limit.  There was also no dispute that there were no children present “on that portion of the highway” nor outside the school, but school was in session at the time of the offence.

 

Issue:                                    Whether children inside a building, which building is within 30 metres of the centre line of the highway constitutes “when children are present” as that term is used in s. 103(1) of the Motor Vehicle Act.

 

Result:                      “Children present on the land” does not include situations where the children are inside the building, even if the building is within 30 metres of the centre line of the highway.

 

 

 

            THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.            QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.

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