CASE LAW - R v Westgate

BC Courts Coat of ArmsThis case is an appeal of a conviction for excessive speeding. Gary Westgate was measured using a laser speed measuring device at 96 km/h in a posted 50 km/h zone. At issue was a document concerning a device used to measure the output of the laser device itself. The certificate had expired in April of 2006. Mr. Justice Rogers found that the certificate had nothing to do with the accuracy of the laser device and dismissed the appeal.

What surprised me about this case is the accused was represented by counsel. I had expected this to be the result of a fishing expedition in the form of an "everything including the kitchen sink" request for disclosure. The accused would then use a document that had no connection to the situation to try and have his case dismissed because he did not understand what he had received.

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Read the Reasons for Judgment - R v Westgate

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