The respondent was convicted of careless driving after failing to stop at a stop sign, resulting in a fatal collision.
The Provincial Offences Appeal Court set aside the conviction, finding that expert evidence provided a rational explanation for missing the sign.
The Crown appealed.
The Court of Appeal allowed the appeal, holding that the appeal court judge failed to apply the proper test for appellate review and improperly substituted his own view of the evidence for that of the trial justice.
The conviction was restored and the matter remitted for a sentence appeal.
