Crossman v Queensland Police Service

In the matter of Crossman versus Queensland Police Service, the defendant was convicted in the Magistrates Court for driving a motor vehicle at a speed in excess of the speed limit of 60km/hour. The conviction and the sentence imposed were appealed to the Queensland Court of Appeal. The appeal was pursuant to section 222 of the Justices Act 1886. The central issues for determination by the Court of Appeal were whether the photographic detection device used to measure the speed of the defendant's vehicle produced accurate readings, and if the penalty imposed was manifestly excessive.

The Court of Appeal considered the evidence presented regarding the accuracy of the photographic detection device. It was established that the device was calibrated in accordance with the manufacturer's instructions and had been tested regularly for accuracy. The Court found that there was no evidence to suggest that the device was not functioning correctly at the time of the offence. The Court also examined the sentence imposed on the defendant, which was a fine plus costs. The Court of Appeal held that the penalty was not manifestly excessive, considering the nature of the offence and the need to deter such conduct.

Based on the evidence and the Court's findings, the Court of Appeal dismissed the appeal against the conviction and sentence. The conviction and the sentence imposed by the Magistrates Court were upheld. The orders made by the Court of Appeal were that the appeal was dismissed.