What is the test for appeal against a decision of a Justice of the Peace dismissing a charge of speeding?
Ontario, Canada
The following excerpt is from R. v. Law, 2013 ONCJ 533 (CanLII):
[51] In the case of Regina v. Mahaney, supra, the prosecution appealed the decision of the trial Justice of the Peace dismissing a charge of speeding against the accused. The basis for the appeal was that the Justice of the Peace did not permit the police officer witness on behalf of the prosecution, to refresh his memory when testifying from his notes; described as a completed template, but only from his memory, such that the prosecution failed to prove the elements of the offence beyond a reasonable doubt.
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