The Crown appealed the dismissal of a charge against the respondent for permitting the operation of a commercial motor vehicle not equipped with a working speed-limiting system.
The trial justice of the peace acquitted the respondent, finding the certificate of offence did not match the evidence and raising a reasonable doubt about the testing device.
The appeal judge dismissed the Crown's appeal.
The Court of Appeal dismissed the Crown's further appeal.
Armstrong J.A. held the certificate of offence was defective for failing to reference the regulations.
Feldman J.A. dissented, finding the certificate sufficient and would have ordered a new trial.
Himel J. agreed with Feldman J.A. on the certificate's sufficiency but upheld the acquittal based on the trial justice's finding of reasonable doubt regarding the testing device.
