CASE LAW - R v Tschampa

BC Courts Coat of ArmsThe case of R v Tschampa involves the appeal of a speeding ticket conviction in Prince George traffic court. Paige Tschampa was ticketed for driving at a speed of 70 km/h in a posted 50 km/h zone by CN Police Service. She disputed the ticket and was subsequently convicted by the sitting judicial justice.

Ms. Tschampa appealed the conviction saying that the Judicial Justice misapprehended the standard of evidence required to prove the testing and accuracy of the speed‑measuring device that was relied on by the Crown. Her position was that Constable Thorne was "unsure about the proper testing requirements needed to accurately confirm the operation of the radar unit" following a less than detailed answer to a question about testing the Genesis VP radar that he had used to measure her speed.

Madam Justice Church found:

Neither Geraghty nor Khadikin set out any requirement that the evidence include an accurate description of the requirements stated in the radar unit manual for the purpose of establishing whatever tests were required or suggested for it. Constable Thorne's evidence was that he tested the radar unit according to the manufacturer's specifications and found it to be working properly. That aspect of his evidence was not challenged on cross-examination. Under cross-examination, Constable Thorne gave a more detailed description of the testing that he undertook and also testified as to his familiarity with the radar unit's manual.

She upheld the traffic court conviction.

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