The location of an offence is not always an essential component of a charging document, provided that the document provides sufficient specificity as to the location to satisfy the amount of detail required under the relevant legislation. Where the document is sufficiently specific, the court will conclude that the person accused of the alleged offence is not prejudiced by an unfair trial in which they do not know the case they will have to meet.
In a recent BC Supreme Court case, the violation ticket provided sufficient information, although to a less precise degree than the Appellant argued was needed, to pinpoint a unique intersection at which the alleged offence occurred. As such, the Appellant had sufficient notice of the case he needed to meet.
…
When Can a Mistake on a Ticket Invalidate the Ticket? Read More »