Crossman v Queensland Police Service

The applicant in this case, Crossman, was convicted of disobeying the speed limit and subsequently appealed this conviction to the District Court, which was dismissed. Crossman now seeks leave to appeal to the Court of Appeal under section 118 of the District Court Act. The primary issue before the Court was whether the applicant should be granted leave to appeal the conviction on the grounds that the amendments to section 124 of the Transport Operations (Road Use Management) Act were difficult to administer and that a reverse onus was imposed in the District Court hearing due to the admission of certificates under the Act.

The Court considered the submissions made by Crossman regarding the administrative difficulties posed by the amendments to section 124 of the Transport Operations (Road Use Management) Act. It was noted that the Act itself provides for the issuance of certificates to establish the speed limit, and the Court found that the applicant had not demonstrated that these certificates were difficult to administer. Furthermore, the Court examined whether a reverse onus was imposed in the District Court hearing. It was determined that the admission of certificates under the Act did not impose a reverse onus, but rather provided evidence of the speed limit. The Court found that the applicant's arguments did not establish a sufficient ground for leave to appeal.

In light of the above considerations, the Court found that Crossman had not demonstrated that there were grounds for leave to appeal the conviction. The Court held that the applicant had not shown that the amendments to section 124 of the Transport Operations (Road Use Management) Act were difficult to administer or that a reverse onus was imposed in the District Court hearing. Therefore, the Court refused leave to appeal the conviction.

LEAVE TO APPEAL REFUSED.