The appellant appealed his conviction for speeding, challenging whether the Crown must strictly prove that the police officer who operated the laser speed measuring device was formally qualified to do so.
The trial Justice of the Peace found the officer sufficiently trained and qualified based on evidence that he had received training on the device, tested it before and after his shift in accordance with manufacturer's specifications, and performed five manufacturer-recommended tests.
The appeal court upheld the conviction, holding that formal certification is not a prerequisite to admissibility of speed measurement evidence.
The court found that qualifications go to the weight of evidence rather than admissibility, and that the officer possessed sufficient training and experience to operate the device properly.
