R. v. Lebouthillier (R.) (1992), 117 N.S.R.(2d) 437 (CoCt);
324 A.P.R. 437
MLB headnote and full text
Her Majesty The Queen (appellant) v. Robert Lebouthillier (respondent)
(C. P.H. No. 03552)
Indexed As: R. v. Lebouthillier (R.)
Nova Scotia County Court
District Number Six
MacLellan, J.C.C.
December 10, 1992.
Summary:
An accused pleaded not guilty to fishing in a prohibited area contrary to s. 33(2) of the Atlantic Fishery Regulations and s. 43 of the Fisheries Act. On the trial date, the accused changed his plea to guilty and sought immediate sentencing. The Crown sought an adjournment to allow proof of previous Fisheries Act convictions by way of Certificates of Conviction. The trial judge refused an adjournment and also refused to take judicial notice of court records to prove previous convictions. The trial judge fined the accused $1,000 as a first offender. The Crown appealed.
The Nova Scotia County Court dismissed the appeal.
Criminal Law – Topic 4485
Procedure – Trial – Adjournments – An accused pleaded not guilty to fishing in a prohibited area – On the trial date, the accused changed his plea to guilty and sought immediate sentencing – The Crown, unprepared to prove prior convictions where the accused refused to admit them, sought an adjournment to allow proof of previous Fisheries Act convictions by way of Certificates of Conviction – The trial judge refused an adjournment and also refused to take judicial notice of court records to prove previous convictions – The trial judge fined the accused $1,000 as a first offender – The Nova Scotia County Court stated that the trial judge did not err in refusing to exercise his discretion not to grant an adjournment – Crown counsel should have anticipated, and been prepared, to prove the prior convictions.
Criminal Law – Topic 5821
Sentencing – Sentencing procedure and rights of accused – Proof of prior convictions – [See
Criminal Law – Topic 4485
].
Evidence – Topic 2245
Judicial notice – Judicial proceedings – Court records re prior convictions – The Nova Scotia County Court stated that a trial judge did not err in refusing to take judicial notice of court records to prove an accused’s prior convictions, where the Crown failed to prove the convictions under the Criminal Code procedures – See paragraphs 11 to 14.
Cases Noticed:
R. v. Hunt (1987), 18 O.A.C. 78; 45 M.V.R. 124 (C.A.), refd to. [para. 11].
Statutes Noticed:
Atlantic Fishery Regulations – see Fisheries Act Regulations (Can.).
Criminal Code, R.S.C. 1985, c. C-46, sect. 667 [para. 6].
Fisheries Act, R.S.C. 1985, c. F-14, sect. 43, sect. 79(1) [para. 1].
Fisheries Act Regulations (Can.), Atlantic Fishery Regulations (1985), sect. 33(2) [para. 1].
Counsel:
Wayne J. MacMillan, for the appellant;
S. Clifford Hood, Q.C., for the respondent.
This appeal was heard before MacLellan, J.C.C., of the Nova Scotia County Court, District Number Six, who delivered the following judgment on December 10, 1992.
