Conviction for speeding upheld despite “average speed” omission in fixed charge notice

High Court, by way of a consultative case stated, has affirmed the District Court's decision to convict a defendant for speeding, despite the fixed charge notice (FCN) failing to specify that the speed recorded was an "average" speed. The defendant had pleaded guilty to speeding but contested the FCN's wording, arguing it was materially misleading for not mentioning "average" speed. The High Court found no evidence that the defendant was misled to the extent that it affected the substance of the charge. Consequently, the FCN's omission did not invalidate the notice or the subsequent conviction. The court also ruled that the defendant's later awareness of the average speed did not affect the adequacy of the information provided to her, nor did it prejudice her fair trial rights. The court's jurisdiction to convict based on the summons was not affected by the variance between the FCN and the evidence presented.