Crossman v Queensland Police Service

The appellant, Crossman, appealed against a conviction for exceeding the speed limit under the Transport Operations (Road Use Management) Act 1995 (Qld). The conviction arose from a speeding offence detected by a police officer in a marked police vehicle. The conviction resulted in a fine of $243, the payment of costs of $128.90, and the recording of a conviction. The appellant contested the conviction, arguing that the evidence presented by the police officer did not meet the requirements of an evidentiary certificate under the Act. The challenge was dismissed by the Magistrate, leading to this appeal.

The central legal issue before the court was whether the evidentiary certificate provided by the police officer met the statutory requirements under the Act. Specifically, the court needed to determine if the certificate was properly executed and whether it included all the necessary details required by the legislation. Additionally, the court considered whether the Magistrate erred in disallowing the appellant’s challenge to the evidentiary certificate.

The court examined the statutory provisions and the contents of the evidentiary certificate provided by the police officer. It found that the certificate complied with the statutory requirements, including the necessary details and proper execution. The court held that the Magistrate did not err in disallowing the appellant’s challenge. The court concluded that the conviction was properly obtained, and therefore, the appeal was dismissed. The court ordered the appellant to pay the respondent's costs of the appeal, fixed at $1800, to be paid within 90 days.