The Crown appealed a not guilty verdict in a Highway Traffic Act charge of driving while handling a handheld device.
The trial Justice of the Peace acquitted the defendant on the basis that the Crown failed to prove that the vehicle was a "motor vehicle" and the road was a "highway" as defined by the Highway Traffic Act, because the Crown's witness did not use the specific phrase "as defined by the Highway Traffic Act." The appellate court allowed the appeal and ordered a new trial, holding that the Crown's evidence was sufficient and that witnesses need not recite statutory definitions verbatim.
The court applied principles of judicial notice and the ordinary meaning of terms.
