There are two issues this Court must now address;
- Have all of the elements of the offence been proven beyond a reasonable doubt to support a finding that the defendant was speeding, as he traveled southbound on Garden Street in the Town of Whitby, around 10:35 on the morning of November 16, 2009, contrary to section 128 of the HTA?
- If so, should the rate of speed be 60 kilometres per hour in a posted 50 kilometre per hour zone, as charged by the police officer exercising roadside discretion, or ‘amended up’ to 71 kilometres per hour in a posted 50 kilometre per hour zone, as provided by the reading on the speed measuring device?