A police officer charged the defendant with careless driving under section 130 of the Highway Traffic Act by filing a Certificate of Offence.
However, the officer had deliberately struck out the title "Certificate of Offence / Proces-verbal d'infraction" and other portions of the prescribed form, intending to convert it into a Summons.
The court examined whether these alterations invalidated the document under section 84 of the Legislation Act.
While the striking out of the Fine Boxes and modifications to the Certification Box were found not to invalidate the document, the deliberate removal of the title was found to fundamentally alter the substance of the prescribed form and render it no longer a valid Certificate of Offence.
