The appellant appealed his convictions for dangerous driving and failing to stop for police, arguing the trial judge misapprehended evidence regarding his identification as the driver.
The Crown conceded that the trial judge mistakenly attributed evidence to an independent witness who had not actually identified the driver, but argued there was no substantial wrong.
The Summary Conviction Appeal Court found that the remaining identification evidence was not overwhelming and, given the frailties of eye-witness identification, the error was significant.
The appeal was granted and a new trial was ordered.
