In the case of R v Griffith we find ourselves in the Supreme Court at an appeal of a conviction for speeding. Edward Scherbey was driving out of a 30 km/h school zone travelling at 54 km/h. Constable Sabulsky made both a visual estimate of his vehicle's speed and measured it with a Stalker Dual DSR radar device before issuing the speeding ticket. At the conclusion of the trial in Provincial Court, a conviction was entered.
Mr. Scherbey had requested a copy of the radar manual as part of Crown's disclosure. This was refused as the manual is copyrighted material and Mr. Scherbey had been directed to the manufacturer to obtain the manual.