CASE LAW - R v Zargarian
This is an appeal by Bahman Zargarian from his conviction by a Judicial Justice of the Peace in Provincial Court at Nanaimo on December 19, 2012. Mr. Zargarian's vehicle had been observed in traffic by a constable who visually determined that it was travelling faster than the posted speed limit of 50 km/h. Based on that observation, the constable stopped the vehicle and issued Mr. Zargarian, who was driving, a speeding ticket. Mr. Zargarian disputed the ticket and was convicted in provincial traffic court.
On appeal, the defence argued that the police officer had no training that would make his ability to estimate speed more accurately than the average citizen. Further, it was dark, raining, and the two vehicles were travelling toward each other. Crown presented cases where the courts had accepted visual evidence of speed corroborated by pacing and advised the court that no case had been found that said visual estimation of speed alone was insufficient to support a conviction.
Mr. Justice Halfyard held the opinion, on the evidence presented, the trial judge could reasonably have reached the conclusion that the appellant was guilty beyond a reasonable doubt. It follows that the appellant has failed to show that the verdict was unreasonable or not supported by the evidence. The appeal was dismissed.