The applicant sought leave to appeal a Provincial Offences Appeal Court decision dismissing his appeal from a conviction for speeding.
The applicant was charged with speeding on Highway 2 in the Region of Durham, clocked at 107 km/h in a 70 km/h zone.
He was convicted at trial and again at a retrial after his first conviction was overturned due to a misapplication of the rule in R. v. W.(D.).
The motion judge granted leave to appeal on three grounds: (1) misapplication of the W.(D.) rule by the Justice of the Peace; (2) improper restriction of cross-examination regarding prior inconsistent testimony; and (3) failure to provide adequate assistance to a self-represented accused.
