R. v. Lambert

R. v. Lambert

Appeal dismissed because the Justice of the Peace provided adequate, reasoned reasons permitting meaningful review; the trained officer's radar evidence from tested equipment was credible and established the Jetta's speed at 126 kph in a 90 kph zone; the refusal to issue a subpoena and to allow restarting cross-examination were within judicial discretion; minor licence plate error did not undermine the verdict; the $196 fine was fit.

Citation
2009 BCSC 796
Parties
Respondent/crown: Regina; Appellant/accused: Cecil Francis Lambert
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 June 2009
Procedural Posture
Criminal Appeal (traffic Offence) / Appeal to Supreme Court of British Columbia From Provincial Court Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Speeding, Radar Evidence, Subpoena, Cross Examination, Reasons for Judgment, Self Representation
Source Language
English
Criminal Law Traffic Law Evidence Procedure Speeding Radar Evidence Subpoena Cross Examination +2 more

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Parties

Regina

Respondent/crown

Cecil Francis Lambert

Appellant/accused

Procedural Posture

Criminal Appeal (traffic Offence) / Appeal to Supreme Court of British Columbia From Provincial Court Conviction and Sentence

Legal Issues

  1. 1 Reliability and weight of radar evidence
  2. 2 Adequacy of trial reasons for appellate review
  3. 3 Refusal to issue subpoena for third-party driver

Ratio Decidendi

Appeal dismissed because the Justice of the Peace provided adequate, reasoned reasons permitting meaningful review; the trained officer's radar evidence from tested equipment was credible and established the Jetta's speed at 126 kph in a 90 kph zone; the refusal to issue a subpoena and to allow restarting cross-examination were within judicial discretion; minor licence plate error did not undermine the verdict; the $196 fine was fit.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal dismissed
  • Conviction under s.146(3) of the Motor Vehicle Act upheld