Decatur Electronics GENESIS-II DIRECTIONAL, User And Installation Manual

Page: 73 / 90

GENESIS-II DIRECTIONAL ™ USER’S AND INSTALLATION MANUAL
73
Rev. 02/05
R. ats. Sim (O.C.A.) 1988
See transcript of evidence at trial
- no evidence of visual observation
- no evidence of officer’s training and qualifications
- no evidence tests performed on radar unit
conformed with manufacturer’s specifications
- no evidence as to accuracy of tuning forks
- no evidence radar units “is capable of accurately
measuring the speed of moving motor vehicles
Held on appeal: Evidence before trial Court was
sufficient to support conviction.
R. v. Grainger (O.C.A.) 1958
Speed by radar: Counsel argued it must be established
that radar, when properly used, was capable of
registering speed of a motor vehicle on a highway and
that the machine was in good working condition and was
properly used.
HELD: On summarized evidence it was implicit that
radar when properly used is capable of registering speed
of motor vehicle and at time was being properly used and
in good working order. As defence merely claimed but did
not show machine subject to weaknesses, conviction
proper on weight of evidence.
R. v. Werenka (Alta. Q.B.) 1981
ISSUE: What evidence Crown must establish to prove
prima facie case where speed by radar.
HELD: Crown only had to prove prima facie case. Not
obliged to demonstrate that the instrument was capable
of accurately registering speeds over the entire range of
the instrument where there was no evidence to throw
doubt on the officer’s evidence.
1. qualified operator
2. tested and accurately measured the speed of the
appellant’s vehicle
3. evidence prima facie notwithstanding that the officer
did not have a detailed knowledge of the working of
the radar set.