The Crown appealed a Justice of the Peace's decision dismissing a charge against the respondent for permitting a motor vehicle to be operated without insurance under s. 2(1)(b) of the Compulsory Automobile Insurance Act.
The Crown argued the Justice of the Peace failed to consider circumstantial evidence.
The appeal judge held that the offence is one of strict liability, not requiring proof of mens rea.
However, even considering the circumstantial evidence, the evidence was insufficient to prove the respondent permitted the vehicle to be driven.
The appeal was dismissed.