What is the evidence against the accused for failing to take a curve?
Saskatchewan, Canada
The following excerpt is from R. v. Maschyk, 1951 CanLII 172 (SK QB):
In this case the suggestion is that the accused was driving with excessive speed and thereby was unable to take the curve with resulting consequences. The accused denies excessive speed and the only negative evidence is the distance which the car travelled. It seems to be conceded, however, that severe application of the brakes on a skidding car is inadvisable, and the distance travelled is not greatly in excess of that at which a car travelling at 40 miles per hour can normally be stopped. In any event this is a quasi-criminal charge and the evidence on which I must convict is entirely circumstantial. Here I must instruct myself as to the use of circumstantial evidence. [Rex v. McLean 1933 CanLII 38 (SCC), [1933] SCR 688, at 690, 61 CCC 9, here quoted.]
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