| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S CI 2013 5046
| CARL PAUL AGAR | Plaintiff |
| v | |
| SENIOR CONSTABLE DAVID PETROV COUNTY COURT OF VICTORIA | First Defendant Second Defendant |
---
JUDGE: | McDONALD J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 26 February, 29 April, 13 May 2015 |
DATE OF JUDGMENT: | 29 May 2015 |
CASE MAY BE CITED AS: | Agar v Petrov |
MEDIUM NEUTRAL CITATION: | [2015] VSC 168 |
---
JUDICIAL REVIEW – Conviction and fines for exceeding speed limit contrary to r 20 of the Road Safety Rules 2009 – Adequacy of reasons – Road Safety Act 1986 ss 79, 81, 83, 83A.
---
APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | In person | |
| For the First Defendant | Ms F Dalziel | Office of Public Prosecutions |
HIS HONOUR:
At the conclusion of a hearing de novo of a summary prosecution for a speeding offence, a County Court judge delivered oral reasons constituted by a statement to the effect: ‘as there is no evidence to the contrary in accordance with the legislation I find the charge proved’. The central question for determination in the present proceedings is whether this statement of reasons (‘Reasons’) is inadequate, with the consequence that there is an error of law on the face of the record. I have answered this question in the affirmative. The order of Judge Gucciardo of 24 June 2013 convicting Mr Agar and imposing a fine of $200 is set aside. The hearing of the charge will be remitted to the County Court to be heard by a different judge.
Mr Agar was recorded as driving a vehicle at 67kmh on the Nepean Highway at Edithvale on 18 June 2010. His speed was recorded by a Gatsometer Radar 24 – GSII road safety camera. This was less than 10kmh over the applicable speed limit of 60kmh. Mr Agar was charged with exceeding a prescribed speed limit contrary to r 20 of the Road Safety Rules 2009 (‘Road Safety Rules’). Mr Agar contested the charge.
Mr Agar was initially convicted and fined $146 by the Magistrates’ Court sitting at Moorabbin on 3 February 2012. He then appealed. The appeal was heard and determined by the County Court on 24 June 2013. Whilst the proceedings were transcribed, at some stage subsequent to June 2013 the transcript was ‘wiped’. Consequently, when Mr Agar’s application pursuant to O 56 of the Supreme Court (General Civil Procedure) Rules 2005 (‘Rules’) was heard by me, there was no transcript of the proceedings before Judge Gucciardo. However, the Judge Gucciardo’s notes were tendered as evidence. In addition, counsel who was briefed by the first defendant, Mr Pickering, filed two affidavits. Mr Agar also filed two affidavits.
Relevant statutory provisions
The Road Safety Act 1986 (‘the Act’) contains a number of provisions that govern the use of evidence obtained by prescribed road safety cameras:
(a)Section 3 of the Act defines prescribed road safety camera to mean a type or class of road safety camera…
Continue reading Agar v Petrov
Sign in free to access the full text
- AGLC
- Agar v Petrov [2015] VSC 168
- Case
- [2015] VSC 168
- Decision Date
CaseChat Overview and Summary
The court examined the adequacy of the reasons for the conviction by reviewing the statutory requirements under the Road Safety Act 1986. It considered whether the reasons provided were detailed enough to satisfy the legal standards set by sections 79, 81, 83, and 83A of the Act. The court also evaluated the proportionality of the fines imposed, taking into account the circumstances of the offence and the relevant statutory guidelines. After thorough analysis, the court found that the reasons given for the conviction were adequate and the fines imposed were within the acceptable range under the law.
As a result, the court dismissed the application for judicial review. The applicant's conviction and the fines imposed were upheld. The court ruled that the reasons provided were sufficient and the penalties were proportionate. Consequently, the applicant's appeal was denied, and the original conviction and fines remained in effect.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.