The appellant appealed his conviction for speeding contrary to section 128 of the Highway Traffic Act, challenging whether the Crown had proven beyond a reasonable doubt all elements necessary for the admission of radar evidence.
The trial justice of the peace convicted the appellant based on evidence from a police officer who used a Decatur Genesis handheld radar device to measure the vehicle's speed at 117 km/h in an 80 km/h zone.
The appellant argued the officer was insufficiently qualified and had not properly followed manufacturer's testing procedures.
The appellate court upheld the conviction, finding the officer had received adequate training, tested the device before and after use in accordance with manufacturer's instructions, and provided sufficient evidence of the device's reliability.
