The defendant was charged with racing a motor vehicle on a highway contrary to section 172(1) of the Highway Traffic Act, specifically for outdistancing or attempting to outdistance another vehicle while driving at a marked departure from the lawful speed limit.
The Crown's evidence, provided by a police constable, alleged the defendant was driving in the northbound lane at 110-120 km/h beside another vehicle.
The defendant testified he remained in the southbound lane at approximately 60 km/h, attempting to pass a stopped vehicle.
The court found the defendant's evidence credible and, when considered in context with all evidence, raised a reasonable doubt as to whether he was outdistancing another vehicle or driving at a marked departure from the lawful speed.
The defendant was acquitted of racing but convicted of the included offence of speeding.