R. v. Romanchuk (R.A.), (2000) 193 Sask.R. 153 (ProvCt)

• Judge: Carter, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: March 17, 2000
• Jurisdiction: Saskatchewan
• Citations: (2000), 193 Sask.R. 153 (ProvCt)

R. v. Romanchuk (R.A.) (2000), 193 Sask.R. 153 (ProvCt)

MLB headnote and full text

Temp. Cite: [2000] Sask.R. TBEd. AP.015

Her Majesty the Queen v. Robert A. Romanchuk

(# 5312677)

Indexed As: R. v. Romanchuk (R.A.)

Saskatchewan Provincial Court

Prince Albert

Carter, P.C.J.

March 17, 2000.

Summary:

An accused was charged with speeding under the Highway Traffic Act. The Crown relied on tuning fork certificates to prove the proper functioning of the police radar unit. The certificates referred to the Decatur Genesis as opposed to the Decatur Genesis II. At issue was whether the Crown had established the radar unit's accuracy.

The Saskatchewan Provincial Court found that the radar unit was operating properly and convicted the accused.

Motor Vehicles - Topic 2686

Regulation of vehicles and traffic - Rate of speed - Evidence and proof - By radar equipment or other speed detection device - The accused was charged with speeding -The Crown entered into evidence two tuning fork certificates to prove the proper functioning of the police radar unit - The certificates referred to the Decatur Genesis as opposed to the Decatur Genesis II - The Saskatchewan Provincial Court con­victed the accused - The Crown had es­tablished the radar unit's accuracy - The fact that the tuning fork certificates only mentioned the Decatur Genesis did not mean that the radar unit was not operating properly - The certificates were not an essential part of the Crown's case - Ac­curacy could be established in other ways - Where a properly trained radar operator testified as to the radar unit's accuracy and the basis for believing in its accuracy, nothing fur­ther needed to be established.

Cases Noticed:

R. v. Romanchuk (R.A.) (1999), 185 Sask.R. 309 (Prov. Ct.), refd to. [para. 11].

R. v. Romanchuk (H.) (1999), 181 Sask.R. 89 (Q.B.), refd to. [para. 12].

R. v. Gibson (C.) (1998), 171 Sask.R. 290 (Q.B.), refd to. [para. 12].

Statutes Noticed:

Highway Traffic Act, S.S. 1986, c. H-3.1, sect. 97(2) [para. 10].

Counsel:

J. Field, for the Crown;

P. Abrametz, Sr. (Eggum, Abrametz & Associates), for the defence.

This matter was heard at Prince Albert by Carter, P.C.J., of the Saskatchewan Provin­cial Court, who delivered the following decision on March 17, 2000.