GENESIS-VPD™ USER’S MANUAL
44
Rev. 09/04
Appendix A Radar Case Law
The Offence of Speeding (General)
R. v. Hickey
(O.C.A.) 1976
Speeding is an offence of absolute liability. Defence of
reasonable mistake of fact is not available.
R. v. Hickey
(O.H.C.J.) 1976
Speeding - defendant’s speedometer inaccurate - Court
held speeding was a strict liability offence to which
defence of reasonable mistake of fact did exist.
NOTE: OVERTURNED ON Appeal, See: R.v. Hickey
(O.C.A.) 1976
R. v. Cunningham
(O.H.C.J.) 1979
Accused misread speed limit sign and believed he was in
a higher speed limit zone. HELD: Accused’s mistake was
a mistake of law, which is no defence to the charge of
speeding.
R. v. Naugler
(N.S.S.C.) 1981
Speeding is an offence of absolute liability, to which
mistake of fact is no defence.
R. v. Bigioni
(O.C.A.) 1988
ISSUE: What evidence is required to satisfy burden on
crown prima facie in prosecution of charge of speeding
when evidence obtained by radar?
The Ontario Court of Appeal affirmed that the evidence
adduced at trial was sufficient prima facie evidence of
speeding. (Refer to transcript of trial proceedings for
particulars of evidence adduced)
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