R. v. Fazlic
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This document summarizes a court case between Her Majesty the Queen and Salih Fazlic regarding a speeding charge. The Crown conceded that the Justice of the Peace misinterpreted the evidence by finding that the officer tested the radar device to manufacturer specifications, when in fact the officer failed to conduct the full tracking history test. As a result, the accuracy and reliability of the radar device was not proven beyond a reasonable doubt. The appeal was allowed on consent, the conviction was quashed, and a verdict of acquittal was entered. The fine paid by the appellant was ordered to be returned.
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![Case Name:
R. v. Fazlic
Between
Her Majesty the Queen, and
Salih Fazlic
[2009] O.J. No. 1802
Information No. 77407828
Ontario Court of Justice
Brantford, Ontario
K.G. Lenz J.
Heard: February 12, 2009.
Oral judgment: February 12, 2009.
(4 paras.)
Charges: Speeding - S. 128 Highway Traffic Act
Counsel:
I. Lagden, Counsel for the Respondent.
M. Riddell, Counsel for the Appellant.
1 K.G. LENZ J. (orally):-- The Crown concedes that the learned Justice of the Peace
misapprehended the evidence in finding that the officer tested the radar device to manufacturer
specifications. It is clear from the transcript that the officer failed to conduct the tracking history
component of the manufacturers testing procedures. Therefore, the accuracy and reliability of the
radar device was not proven beyond a reasonable doubt.
Page 1](https://image.slidesharecdn.com/eb89cc34-06f7-4406-b260-e77a42c7b46c-150204003620-conversion-gate01/85/R-v-Fazlic-1-320.jpg)
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R. v. Fazlic
- 1. Case Name: R. v. Fazlic Between Her Majesty the Queen, and Salih Fazlic [2009] O.J. No. 1802 Information No. 77407828 Ontario Court of Justice Brantford, Ontario K.G. Lenz J. Heard: February 12, 2009. Oral judgment: February 12, 2009. (4 paras.) Charges: Speeding - S. 128 Highway Traffic Act Counsel: I. Lagden, Counsel for the Respondent. M. Riddell, Counsel for the Appellant. 1 K.G. LENZ J. (orally):-- The Crown concedes that the learned Justice of the Peace misapprehended the evidence in finding that the officer tested the radar device to manufacturer specifications. It is clear from the transcript that the officer failed to conduct the tracking history component of the manufacturers testing procedures. Therefore, the accuracy and reliability of the radar device was not proven beyond a reasonable doubt. Page 1
- 2. 2 All right, so the appeal is allowed on consent, the conviction is quashed and a verdict of acquittal is entered. The fine paid by the Appellant should be returned to him. 3 Mr. Riddell: Thank you, Your Honour. 4 Mr. Lagden: Thank you, Your Honour. qp/s/qllxr/qlpxm Page 2