SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
BEST v POLICE
[2015] SASC 190
Judgment of The Honourable Justice Bampton
3 December 2015
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - CONVICTION ON EX PARTE HEARING
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS - GENERALLY
TRAFFIC LAW - OFFENCES - EVIDENCE - PROOF OF SPEED
Appeal against decision of a Magistrate - appellant convicted in his absence of driving at 113 km per hour on a road where the speed limit was 100 km per hour – appellant contends the trial should have been moved to accommodate his schedule and to a Court of competent jurisdiction, that the device used to detect his speed did not comply with the National Measurement Act 1960 (Cth), that under common law he has not hurt or caused any loss or injury, and that he was entitled to a trial by jury – whether the Magistrate erred in proceeding to hear the trial ex-parte – whether Magistrates Court has jurisdiction to hear the matter – whether the certificates tendered were valid and whether they needed to comply with the National Measurement Act – where appellant failed to attend trial.
Held:
1. Magistrates Court had jurisdiction – offence was a summary offence.
2. No error of the Magistrate was demonstrated.
3. Appeal dismissed.
Australian Road Rules r 20, r 21; Summary Procedure Act 1921 (SA) s 5, s 49, s 57, s 62BA; Road Traffic Act 1961 (SA) s 53A, s 79B, s 175A, s 175(3)(ba), s 175(3)(b); National Measurement Act 1960 (Cth) s 10; Road Traffic (Miscellaneous) Regulations 2014 (SA) reg 30, reg 27; Australian Constitution s 80, s 109, referred to.
Police v Young (2012) 114 SASR 567, applied.
Flavel v Van Reesema [2005] SASC 418; Moran v Police [2010] SASC 269; Millington v Police [2015] SASC 52; Anastasiou v Police [2013] SASC 112; Kuipers-Lloyd v Police [2013] SASC 137, considered.
BEST v POLICE
[2015] SASC 190Magistrates Appeal: Criminal
BAMPTON J.
Mr Best appeals against a conviction for speeding recorded in the Clare Magistrates Court on 8 September 2015.
At the hearing on 25 November 2015, I dismissed the appeal as no error had been demonstrated and there was no merit to the appeal. These are my reasons.
Background
On 26 August 2014 Mr Best was stopped by a motorcycle traffic officer performing mobile radar duties on Traeger Road at Pinery and issued with an expiation notice for an alleged breach of the Australian Road Rules.
The officer had, by means of a mobile radar, detected Mr Best traveling at 113 km per hour on a length of Traeger Road governed by a speed limit of 100 km per hour.
Mr Best elected to be prosecuted for the alleged breach. Accordingly by Complaint and Summons dated 5 November 2014 (the Complaint), issued pursuant to s 49 and s 57 of the Summary…
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- AGLC
- Best v Police [2015] SASC 190
- Case
- [2015] SASC 190
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the Magistrate erred in proceeding to hear the trial ex-parte, whether Magistrates Court had jurisdiction to hear the matter, whether the certificates tendered were valid and whether they needed to comply with the National Measurement Act, and whether the appellant was entitled to a trial by jury. The court found that the Magistrates Court had jurisdiction to hear the matter as the offence was a summary offence. The court also found that no error of the Magistrate was demonstrated. The appeal was dismissed as there was no merit to the appeal.
The court held that the Magistrate did not err in proceeding to hear the trial ex-parte as the appellant had failed to attend the hearing and had been notified of the consequences of failing to attend. The court also held that the certificates tendered were valid and did not need to comply with the National Measurement Act. The court found that the appellant was not entitled to a trial by jury as the offence was a summary offence and therefore could be heard by a Magistrate. The appeal was dismissed and the conviction of the appellant was upheld.
Orders
Orders of the court
1. Magistrates Court had jurisdiction – offence was a summary offence.
2. No error of the Magistrate was demonstrated.
3. Appeal dismissed.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: BAMPTON J
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