The Corporation of the City of London appealed the dismissal of a Provincial Offences Act charge against Christopher Sheeler for driving with no currently validated permit.
The trial justice of the peace dismissed the charge, believing viva voce evidence was required for identification despite the prosecution relying on certified evidence (Certificate of Offence and Plate-by-Date search) under section 48.1 of the POA.
The appeal court found that the trial justice erred in law by requiring viva voce evidence and making a finding not supported by the evidence, as certified statements are proof of facts in the absence of evidence to the contrary.
The respondent did not call any evidence.
