How have courts applied the doctrine of regularity to determine that the accused had knowledge of a prohibition?
Saskatchewan, Canada
The following excerpt is from R. v. Dell, 1991 CanLII 7684 (SK QB):
The court applied the doctrine of regularity to conclude that the accused had knowledge of the prohibition. Culliton, C.J.S., defined the doctrine at p. 93: "The classic definition and application of the maxim omnia praesumuntur rite esse acta as set out by Lindley L.J. in Harris v. Knight (1890), 15 P.D. 170 at p. 179, as follows: 'The maxim, omnia paersumuntur rite esse acta is an expression, in a short form of a reasonable probability and of the propriety in point of law of acting on such probability. The maxim expresses an inference which may reasonably be drawn when an intention to do some formal act is established; when the evidence is consistent with that intention having been carried into effect in a proper way; but when the actual observance of all due formalities can only be inferred as a matter of probability. The maxim is not wanted where such observance is proved, nor has it any place where such observance is disproved ..."'
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