DISTRICT COURT OF QUEENSLAND
CITATION:
Amies v Dixon [2009] QDC 110
PARTIES:
BRIAN WALTER AMIES
Appellant
AND
JEFFREY ARTHUR DIXON
Respondent
FILE NO/S:
Appeal 3061/08; MAG 00007433/08(5)
DIVISION:
PROCEEDING:
Criminal Appeal
ORIGINATING COURT:
Magistrates Court, Brisbane
DELIVERED ON:
8 May 2009
DELIVERED AT:
Brisbane
HEARING DATE:
9 March 2009
JUDGE:
McGill DCJ
ORDER:
Appeal dismissed.
CATCHWORDS:
VEHICLES AND TRAFFIC – Offences – speeding – speed camera – whether challenge to image – interpretation of image – whether offence proved.
Traffic Operations (Road Use Management) Act 1995 ss 118, 120.
COUNSEL:
The appellant appeared in person
K Overell for the respondent
SOLICITORS:
The appellant was not represented
Director of Public Prosecutions for the respondent
On 5 October 2007 a speed camera was operating on Old Northern Road, Everton Park. At about 9.15 am the appellant drove his motor vehicle past the camera. As a result, on 22 September 2008 he was convicted of exceeding the speed limit contrary to s 20 of the Traffic Operations (Road Use Management – Road Rules) Regulation 1999, and a fine was imposed. He appeals from that conviction, on the grounds that the magistrate failed to consider crucial evidence and failed properly to consider fundamental evidence.
Course of proceedings
The trial began on 29 July 2008, when the prosecution tendered the certified image produced by the camera (Exhibit 1), which gave a speed for the target vehicle of 73 kph, in a 60 kph zone, and a series of certificates to show that the defendant was criminally responsible for the speed of Volvo sedan 616 FQP: Exhibits 2‑5. There was also a certificate under s 124(1)(pf) of the Traffic Operations (Road Use Management) Act 1995 (“the Act”) that on 20 February 2007 the speed camera concerned was tested and was operating properly: Exhibit 6.
Evidence was given by the respondent, then an acting senior sergeant in the traffic camera office, as to the interpretation of the image Exhibit 1, which shows five vehicles, although the Volvo sedan 616 FQP dominates the foreground in the photograph. The respondent testified that it was that vehicle that had been detected, as a result of which the image was captured by the device.[1] The prosecution then closed its case and the defendant gave evidence. He did not dispute that he was driving that vehicle at the time.[2] He said that he knew when driving down that particular length of road he needed to have his brakes applied, and that the brake lights were visible in Exhibit 1: p 11.
[1]To use the terminology in the definition of “photographic detection device” in the Traffic Regulation 1960. In effect, that the camera took the photograph Exhibit 1.
[2]He never actually said one way or the other, and the proposition was not confirmed during cross‑examination, although other things he said presuppose that he was driving.
The appellant referred to extracts from what he described as the Queensland Police Service Operational Procedures Manual, which he said showed that the speed camera on this occasion…
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- AGLC
- Amies v Dixon [2009] QDC 110
- Case
- [2009] QDC 110
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the image obtained from the speed camera was admissible and sufficient to prove the offence of speeding beyond a reasonable doubt. The appellant argued that the image was unclear and did not conclusively demonstrate that the vehicle in question was exceeding the speed limit. The court needed to determine the standards for admissibility and interpretation of speed camera images under relevant statutory provisions.
The court considered the legislative framework governing speed cameras and the criteria for the admissibility of photographic evidence. It concluded that the image, while not perfect, was sufficient to establish that the vehicle was exceeding the speed limit. The court emphasised the importance of the context in which the image was taken and the overall clarity of the photograph in relation to the vehicle's identity and speed. The court found that the prosecution had met its burden of proof, and thus the challenge to the image was unsuccessful.
As a result, the appeal was dismissed, and the conviction for speeding was upheld. The court maintained that the speed camera evidence, when considered with other circumstances, was reliable and sufficient to support the conviction.
Orders
Orders of the court
Appeal dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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