Crossman v The Commissioner of Police
Case
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[2015] QDC 265
•29 October 2015
Details
AGLC
Case
Decision Date
Crossman v The Commissioner of Police [2015] QDC 265
[2015] QDC 265
29 October 2015
CaseChat Overview and Summary
The Court considered two appeals against convictions for disobeying a speed limit, where the primary evidence was from a photographic detection device known as the LTI 20-20 TruCAM. The appellants, Crossman and another individual, contested the accuracy and admissibility of the device's evidence, arguing that it failed to meet Australian Standards and questioning the credibility of the device's operator. The case was heard in the Court of Appeal of the Supreme Court of Victoria.
The court needed to determine whether the photographic evidence from the LTI 20-20 TruCAM was reliable and admissible under the relevant Australian Standards, and whether the convictions were unreasonable or unsupported by the evidence. The appellants argued that the device's evidence was not certified as required by law and that there were procedural errors in the taking and presentation of the evidence. Additionally, they contended that the evidence was not creditable due to the device's potential for error and the lack of proper calibration.
The court held that the LTI 20-20 TruCAM device did not need to be certified under Australian Standards to be admissible. The device's evidence was deemed reliable based on its functionality and the testimony of the device's operator. The court found that the convictions were supported by the evidence and that the appellants' arguments regarding the device's calibration and procedural errors did not undermine the credibility of the evidence. The court also found that the convictions were not unreasonable given the evidence presented.
The court granted the appellants leave to appeal but dismissed the appeals. The convictions for disobeying a speed limit were upheld, and the appellants' arguments regarding the photographic evidence were rejected.
The court needed to determine whether the photographic evidence from the LTI 20-20 TruCAM was reliable and admissible under the relevant Australian Standards, and whether the convictions were unreasonable or unsupported by the evidence. The appellants argued that the device's evidence was not certified as required by law and that there were procedural errors in the taking and presentation of the evidence. Additionally, they contended that the evidence was not creditable due to the device's potential for error and the lack of proper calibration.
The court held that the LTI 20-20 TruCAM device did not need to be certified under Australian Standards to be admissible. The device's evidence was deemed reliable based on its functionality and the testimony of the device's operator. The court found that the convictions were supported by the evidence and that the appellants' arguments regarding the device's calibration and procedural errors did not undermine the credibility of the evidence. The court also found that the convictions were not unreasonable given the evidence presented.
The court granted the appellants leave to appeal but dismissed the appeals. The convictions for disobeying a speed limit were upheld, and the appellants' arguments regarding the photographic evidence were rejected.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Conviction
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Mistake of Law
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Admissibility of Evidence
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Witness Credit
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Most Recent Citation
Crossman v Queensland Police Service [2020] QDC 122
Cases Citing This Decision
10
Crossman v Department of Transport and Main Roads
[2019] QSC 67
Crossman v Queensland Police Service
[2020] QDC 123
Crossman v Queensland Police Service
[2020] QDC 122
Cases Cited
8
Statutory Material Cited
4
R v Scott
[2004] NSWCCA 254
Chidiac v The Queen
[1991] HCA 4
Knight v The Queen
[1992] HCA 56