The appellant appealed a conviction for careless driving under the Highway Traffic Act.
The appeal was allowed and the conviction was set aside.
The court found multiple procedural errors at trial, including the denial of an adjournment request when new evidence (photographs) was disclosed, failure to conduct a proper W.(D.) analysis, and improper restriction of cross-examination.
The court noted that the accused's exculpatory statement regarding snow and ice conditions was introduced by the Crown but not properly addressed by the trial justice.
The parties subsequently agreed to a substituted guilty plea to the lesser offence of failing to turn to the left to avoid a collision under section 148(5) of the Highway Traffic Act, with a fine of $50 imposed.
