Chand v Rhule

[2009] QDC 87

[2009] QDC 87

DISTRICT COURT
APPELLATE JURISDICTION

SENIOR JUDGE TRAFFORD-WALKER

Appeal No 3224 of 2008

NAREND CHAND	Appellant
and
JOHN PAUL RHULE	Respondent
BRISBANE ..DATE 06/04/2009
ORDER

1-1

HIS HONOUR: It is unfortunate the way the matter was

1

litigated. I've considered the submissions and in the
circumstances I have come to the conclusion that we can't re-

open the matter here to allow in the fresh evidence.

Looking then at the material that was placed before the	10
Magistrate, the Magistrate sentenced on the basis that the
lights had been red for some time as the appellant was
approaching the intersection, that it showed a substantial,
not just a momentary inattention and in those circumstances he
increased the period of disqualification.	20
Whereas others might have taken a slightly different view it
would be regarded as tinkering on my part, which is not
permitted, and in the circumstances I can't see a basis upon
which the disqualification is manifestly excessive. In the	30
circumstances the appeal is dismissed.

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1-2 ORDER 60