Brendan McMullen was convicted of speeding against a municipal sign in Burnaby, B.C. on January 22, 2014. His vehicle's speed had been visually estimated at 90 km/h in the posted 60 km/h zone on the Lougheed Highway near the North Road intersection. The Judicial Justice of the Peace found Cst. Bayer's evidence of the speed to prove the Crown's case beyond a reasonable doubt.
Mr. McMullen appealed the conviction to the Supreme Court on three issues:
- by not undertaking a proper credibility analysis;
- by not providing sufficient reasons for judgment in failing to explain why and how a significant evidentiary conflict was resolved; and
- in failing to give proper effect to the evidence.
Essentially, this complaint was that the court preferred Cst. Bayer's testimony over that of Mr. McMullen. The Honourable Madam Justice Fitzpatrick agreed with the JJP's decision and upheld the conviction.