The appellant appealed his convictions for failing to remain and driving while suspended under the Highway Traffic Act.
The appeal raised two grounds: whether the trial justice erred in finding the appellant was the driver based on circumstantial evidence, and whether the offences occurred on a 'highway'.
The appeal court upheld the finding of identity, concluding it was the only reasonable inference from the circumstantial evidence.
However, the court found a reasonable doubt as to whether the driving occurred on a public highway rather than a private road, as the evidence suggested the incident happened on a private access road.
The appeal was allowed and acquittals were entered.
