| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
No. 4593 of 2003
| SUNIL ARACHCHI | Appellant |
| v | |
| MICHAEL ORLOWSKI | Respondent |
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JUDGE: | NETTLE J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 22 May 2003 | |
DATE OF JUDGMENT: | 2 June 2003 | |
CASE MAY BE CITED AS: | Arachchi v Orlowski | |
MEDIUM NEUTRAL CITATION: | [2003] VSC 161 | |
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Transport – offences - failing to produce a valid ticket on request – defences – authorised person has no powers under s. 221(4) of the Transport Act 1983 once journey has been completed – Transport Act 1983, ss. 221(1)(c), 221(2), 221(4), 218B(2), 219(2).
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APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr O.P. Holdenson QC with Mr A.G. Burns | Geraldine Sharman, Department of Infrastructure |
| For the Respondent | Mr P.G. Priest QC with Mr Michael Croucher | Hale & Wakeling |
HIS HONOUR:
This is an appeal from a final order of the Magistrates’ Court made at Melbourne on 21 January 2003, whereby the Respondent was acquitted of a charge of failing to produce a ticket on request in contravention of s. 221(4) of the Transport Act 1983.
There is no dispute about the facts. On 10 May 2002 the Respondent travelled by tram from the city to a tram stop in Swanston Street, Carlton adjacent to the University. Having come to the stop he alighted to the pavement and took the one or two steps necessary to reach the safety zone. At that point he was requested by an “authorised person”[1] to produce a ticket that was valid for the journey he had just completed. He had a valid ticket and he could have produced it. But he chose not to do so because he considered that s. 221(4) did not require him to do so.
[1]Transport Act 1973, s. 221(1)(c)
In the court below the Magistrate defined the sole issue as:
“whether or not in all of the circumstances the (Respondent) having completed his journey was required to comply with the requirements of the authorised person under the Transport Act”.
His Worship determined the issue in favour of the Respondent by holding that an authorised person does not have power to request production of a ticket under s. 221(4 ) once the journey has been completed.
In this Court the question of law directed to be heard on the appeal is:
“whether the learned Magistrate erred at law by misapplying section 221(4) of the Transport Act 1983 in holding that the powers of authorised officers to require production of tickets set out in that provision ceased on the completion by a commuter of a journey”.
In my opinion the Magistrate did not err. The question is to be answered: no.
Section 221(4)
Section 221(4) provides:
“(4)A person who makes a journey in a carriage, or is on land or premises for entry to which a ticket is required, and, not being entitled to make that journey or entry without a ticket, fails, upon request being made by a member of the police…
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- AGLC
- Arachchi v Orlowski [2003] VSC 161
- Case
- [2003] VSC 161
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the authorised person had the authority to request the production of a ticket after the completion of a journey. The court had to determine whether the authorised person's power to request the production of a ticket under section 221(4) of the Transport Act 1983 was limited to the time the journey was being made, or if it extended to after the journey had been completed. The court also had to consider the relevance of sections 218B(2) and 219(2) of the Transport Act 1983.
The court found that the authorised person's power to request the production of a ticket under section 221(4) of the Transport Act 1983 only extended to the time the journey was being made. The court held that once the journey had been completed, the authorised person had no power to request the production of a ticket. The court found that the defendant's argument was supported by the wording of section 221(4) of the Transport Act 1983, which refers to the time the journey is being made. The court also found that sections 218B(2) and 219(2) of the Transport Act 1983 did not support the defendant's argument. The court dismissed the charge against the defendant.
The court found that the authorised person had no power to request the production of a ticket after the completion of the journey. The court dismissed the charge against the defendant.
Orders
Orders of the court
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Background
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Evidence
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