R. v. Balcom

R. v. Balcom

Failure to lock a radar reading does not itself constitute a Charter s.7 or s.11(d) breach; officers may exercise discretion not to lock readings for valid investigatory reasons and must provide a satisfactory explanation if asked; where explanation is satisfactory and Crown proves speed beyond reasonable doubt, stay is not warranted and conviction may follow.

Citation
2013 NSPC 26
Parties
Prosecutor: Her Majesty the Queen; Defendant: Byron Balcom
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 April 2013
Procedural Posture
Summary Offence Under Motor Vehicle Act Speeding / Trial and Decision on Application for Stay of Proceedings
Outcome
Application for stay of proceedings dismissed; defendant found guilty as charged.
Legal Topics
Speeding, Radar Evidence, Disclosure, Charter S.7, Charter S.11(d), Strict Liability Offences, Stay of Proceedings
Source Language
English
Criminal/traffic Law Charter Law Evidence Law Speeding Radar Evidence Disclosure Charter S.7 Charter S.11(d) +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Her Majesty the Queen

Prosecutor

Byron Balcom

Defendant

Procedural Posture

Summary Offence Under Motor Vehicle Act Speeding / Trial and Decision on Application for Stay of Proceedings

Legal Issues

  1. 1 Whether failure to "lock" radar reading or show it to defendant engages Charter s.7 or s.11(d) and warrants a stay
  2. 2 Whether police had an obligation to preserve or disclose radar reading
  3. 3 Whether the defendant suffered actual prejudice from the unavailability of a locked radar reading

Ratio Decidendi

Failure to lock a radar reading does not itself constitute a Charter s.7 or s.11(d) breach; officers may exercise discretion not to lock readings for valid investigatory reasons and must provide a satisfactory explanation if asked; where explanation is satisfactory and Crown proves speed beyond reasonable doubt, stay is not warranted and conviction may follow.

Court Disposition

Application for stay of proceedings dismissed; defendant found guilty as charged.

Orders

  • Application for stay of proceedings dismissed.
  • Defendant found guilty of exceeding the posted speed limit by between 1 and 15 kilometres per hour contrary to s.106A(a) of the Motor Vehicle Act (Nova Scotia).