An appeal against conviction for failing to yield to traffic on a highway.
The appellant was charged under section 136(1)(b) of the Highway Traffic Act.
The sole ground of appeal was whether the Justice of the Peace erred in refusing the appellant's adjournment request at the completion of the Crown case.
The adjournment was sought to allow the appellant to consult with counsel regarding undisclosed evidence that emerged during cross-examination of the investigating officer.
The trial judge denied the adjournment twice and proceeded to conviction.
The appellate court found that the adjournment application was not properly adjudicated, that relevant factors were not considered, and that the denial resulted in a miscarriage of justice by preventing the appellant from calling a defence in a strict liability offence.
