How has the court treated the rate of speed as an admitted fact?

Ontario, Canada


The following excerpt is from York (Regional Municipality) v. Pellicci, 2017 ONCJ 85 (CanLII):

[18] The rate of speed was an admitted fact and part of the guilty plea. The respondent’s agent advised the court that the accused pled guilty and agreed to the facts alleged by the prosecutor. Those facts were that the accused disobeyed a speed limit sign by travelling 46 km over the limit. The prosecution was not required to call further evidence of that admitted fact and the court erred in law by not treating that admitted fact as proven. The concern for consistency in result on a particular day without regard to the different facts underlying each resolution was an error. The court further erred by rejecting the joint submission without regard to the applicable legal framework in circumstances where the sentence imposed was unfair. York Region v. Sahi

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