The Crown appealed a fine imposed by a justice of the peace for a speeding offence.
The respondent pleaded guilty to speeding 45 kilometres per hour in a 30 kilometre per hour zone contrary to section 128 of the Highway Traffic Act.
The justice of the peace imposed a reduced set fine of $37.50 instead of the statutory fine of $45.00.
The Crown appealed, arguing the justice of the peace lacked authority to impose a set fine rather than the statutory fine.
The appeal was allowed and the sentence was varied to impose the statutory fine of $45.00 plus costs and victim fine surcharge.