The appellant was convicted of careless driving contrary to s. 130 of the Highway Traffic Act.
On appeal, the sole issue was whether the Justice of the Peace erred in denying a motion for non-suit at the close of the prosecution case regarding the identification of the driver.
The Crown's case rested entirely on eyewitness testimony from the driver of the vehicle that was struck.
That witness testified he vaguely remembered the other driver and expressed uncertainty in his identification, stating "I think it's her." The Crown conceded the identification evidence was "sketchy." The court found that the identification evidence was so weak that no properly instructed trier of fact could find guilt beyond a reasonable doubt, and the Justice of the Peace erred in not granting the non-suit motion.
