The appellant appealed his conviction for speeding contrary to s. 121 of the Highway Traffic Act on two grounds: (1) that he was deprived of the opportunity to make submissions or cross-examine regarding the officer's use of notes to refresh memory, and (2) that the Justice of the Peace erred in amending the speed stated in the certificate of offence to conform with trial evidence.
The court found that while the Justice of the Peace should have asked the appellant whether he wished to make submissions regarding the notes, this procedural error did not impact trial fairness.
The court also found that the amendment was properly granted under s. 34(4) of the Provincial Offences Act, as the appellant had received notice and was offered an adjournment.
The appeal was dismissed.
