Case Law – Index Page

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?

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Mr. Mangov appeals his conviction for speeding under the Highway Traffic Act.

The trial was held on October 15, 2013, before a Justice of the Peace. The appellant raises two grounds of appeal:

• The conduct of the Justice of the Peace gives rise to a reasonable apprehension of bias and;
• The Justice of the Peace erred in curtailing cross-examination of the police officer on the manual for the laser device that he used to measure the speed of the motor vehicle and erred in refusing to make it an exhibit at trial.

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