A.G. Summers

This decision addresses a stunt driving charge under subsection 172(1) of the Highway Traffic Act, focusing on the reliability of radar speed readings and the credibility of evidence from both the police officer and the accused.

The court applied the three-part test from R. v S. (W.D.) to assess credibility and reasonable doubt.

The officer's evidence regarding radar speed readings was found inconsistent and unreliable, particularly due to the deletion of elevated speed readings when switching radar modes and lack of corroborating visual observations.

The accused's evidence about operating a vehicle with a built-in radar detector and dash camera recordings was accepted as credible.

The prosecution failed to prove the essential element of elevated speed beyond a reasonable doubt, resulting in an acquittal.

The defendant, Gurjeet Buttar, pleaded guilty to careless driving causing death under the Highway Traffic Act following a multi-vehicle collision.

The Crown and Defense proposed a joint submission for a $4,000 fine and a one-year license suspension.

The court rejected this joint submission, finding it insufficient given the gravity of the offense and the catastrophic consequences.

The judge emphasized the paramountcy of deterrence and denunciation, the higher standard of care for commercial truck drivers, and a broad interpretation of "vulnerable person" under HTA §130(6).

The court imposed a sentence of 50 days intermittent custody, 18 months reporting probation, and a three-year driving license suspension, with no fine.