SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
FRIEDRICHS v POLICE
[2007] SASC 6
Judgment of The Honourable Justice Gray
19 January 2007
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - DRIVING IN BREACH OF SPECIFIC SPEED LIMITS
Appeal against conviction of driving a vehicle at a speed over the speed limit - appellant was unrepresented at trial - consideration of the nature of the appeal process - consideration of the duty of a Magistrate conducting a trial with a self-represented litigant - consideration of procedural fairness issues arising at trial - Held: appeal allowed and the conviction set aside.
Australian Road Rules Rule 20; Supreme Court Rules 1987 (SA) r96C, r3.04(d); Magistrates Court Act 1991 (SA) s 42; Criminal Law Consolidation Act 1935 (SA) s 288A(1), referred to.
Police v Warren [2000] SASC 285; Fox v Percy (2003) 214 CLR 118; James v Williams (2003) 228 LSJS 232; R v White; R v Piggin (2003) 7 VR 442; McPherson v The Queen (1981) 147 CLR 512; R v Gidley [1984] 3 NSWLR 168; Cooling v Steele (1971) 2 SASR 249; Moore-McQuillan v Police (1998) 196 LSJS 488; Hittmann v Police (1999) 202 LSJS 132; Gould v Police [2005] SASC 297; Pezos v Police [2005] SASC 500; Antoun v The Queen (2006) 224 ALR 51; Johnson v Johnson (2000) 201 CLR 488; Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; Stead v State Government Insurance Commission (1986) 161 CLR 141; Jones v National Coal Board [1957] 2 QB 55; R v Calides (1983) 34 SASR 355, considered.
FRIEDRICHS v POLICE
[2007] SASC 6Magistrates Appeal
GRAY J:
This appeal raises important issues concerning procedural fairness arising in the trial of an unrepresented defendant. I am satisfied that there is a risk of a miscarriage of justice. I have reached the conclusion that the appeal should be allowed and the conviction set aside.
The defendant and appellant was charged on complaint that, on 13 November 2005, he drove a vehicle at a speed over the speed limit, contrary to rule 20 of the Australian Road Rules. By operation of rule 21(1), the speed limit was 70 kilometres per hour, as indicated by a speed limit sign applying to the stretch of road on which the defendant drove. The alleged speed of the appellant was 90 kilometres per hour. The defendant pleaded not guilty and the matter proceeded to trial on 11 May 2006 in the Magistrates Court sitting at Christies Beach. The defendant was unrepresented.
The Prosecution Case
The prosecution case was that two police officers, Constables Carlier and Ford, were in a stationary police vehicle on Cecilia Road, Christie Downs. An early-model blue Datsun drove past them, travelling east on Flaxmill Road at what they considered to be a high speed. The officers drove on to Flaxmill Road, caught up to the Datsun and conducted a “follow and time” – a process where…
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- AGLC
- Friedrichs v Police [2007] SASC 6
- Case
- [2007] SASC 6
- Decision Date
CaseChat Overview and Summary
The court considered the duty of the Magistrate to ensure procedural fairness when dealing with a self-represented litigant. The court found that the Magistrate had a duty to ensure that the appellant had a fair opportunity to present their case and that any procedural errors made by the Magistrate could potentially impact the outcome of the trial. The court found that the procedural errors made by the Magistrate in this case had the potential to impact the outcome of the trial and therefore warranted the setting aside of the conviction. The court concluded that the procedural unfairness impacted the outcome of the trial and allowed the appeal, setting aside the conviction.
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