Gonyley v Raiser

Case [2020] ACTSC 86


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Gonyley v Raiser

Citation:

[2020] ACTSC 86

Hearing Date(s):

30 January 2020

DecisionDate:

15 April 2020

Before:

Loukas-Karlsson J

Decision:

The appeal is allowed. The findings of guilt are overturned.

Catchwords:

APPEAL – CRIMINAL LAW – Appeal from the Magistrates Court – appeal against findings of guilt – drive while disqualified – refuse to provide a breath sample or undergo alcohol screening test – statutory construction – where the Magistrate erred in finding the car park was a road related area – appeal allowed – findings of guilt overturned

Legislation Cited:

Legislation Act 2001 (ACT)

Magistrates Court Act 1930 (ACT) s 208, 218, 244

Motor Traffic Act 1936 (ACT) (repealed)

Road Transport (Alcohol and Drugs) Act 1977 (ACT) s 4A, 22, 22C

Road Transport (Driver Licensing) Act 1999 (ACT) s 32

Road Transport (General) Act 1999 (ACT)

Magistrates Court Regulations 2009 (ACT)

Road Transport (General) Declaration of Area to be Defined as Road Related Area (NI2000-44)

Cases Cited:

2 Elizabeth Bay Road Pty Ltd v Owners - Strata Plan No 73943 [2014] NSWCA 409; 88 NSWLR 488

A2 v R [2018] NSWCCA 174

Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; 239 CLR 27

Aubrey v The Queen [2017] HCA 18; 260 CLR 305

Baker v Thorpe (1985) 62 ACTR 1

Beckwith v The Queen (1976) 135 CLR 569

Boxx v Peden [2017] ACTCA 39

CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384

Commissioner for ACT Revenue v Dataflex Pty Ltd [2011] ACTCA 14; 5 ACTLR 271

Dowling v Nominal Defendant (1975) 6 ACTR 17

Federal Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; 250 CLR 503

Fox v Percy [2003] HCA 22; 214 CLR 118

House of Peace Pty Ltd v Bankstown City Council [2000] NSWCA 44; 48 NSWLR 498

Kuzmanovski v New South Wales Lotteries Corporation [2010] FCA 876; 270 ALR 65

Lockyer v Riley (Unreported, Magistrates Court of the Australian Capital Territory, Magistrate Burns, 15 October 2008)

Lukatela v Birch [2008] ACTSC 99; 164 ACTR 24

Military Rehabilitation and Compensation Commission v May [2016] HCA 19; 257 CLR 468

Parkinson v Alexander [2016] ACTSCFC 1; 11 ACTLR 190

Peverill v Crampton [2010] ACTSC 79

Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355

R v Green (No 3) [2019] ACTSC 96; 344 FLR 324

R v Lavender [2005] HCA 37; 222 CLR 67

Saeed v Minister for Immigration and Citizenship [2010] HCA 23; 241 CLR 252

SAS Trustee Corporation v Miles [2018] HCA 55; 265 CLR 137

Schubert v Lee (1946) 71 CLR 589

SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 262 CLR 362

TAL Life Ltd v Shuetrim [2016] NSWCA 68; 91 NSWLR 439

Theodorelos v Nexus Projects Pty Ltd [2009] ACTSC 149

Walto v Gilmour [2015]…

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AGLC
Gonyley v Raiser [2020] ACTSC 86
Case
[2020] ACTSC 86
Decision Date

CaseChat Overview and Summary

The appellant, Gonyley, appealed against findings of guilt made by the Magistrates Court for driving while disqualified, and for refusing to provide a breath sample or undergo an alcohol screening test. The appeal was heard by the Court of Appeal, which had to decide whether the Magistrates Court correctly interpreted the relevant statutes. Specifically, the court had to determine if the area where the appellant was asked to provide a breath sample was a "road related area" within the meaning of the Road Transport Act.

The Court of Appeal found that the Magistrates Court had erred in its interpretation of the relevant statutes. The court held that the area where the appellant was asked to provide a breath sample was not a "road related area" because it was a car park, not a road. The court further held that the Magistrates Court had misapplied the relevant statutory provisions, leading to an incorrect finding of guilt. Consequently, the appeal was allowed, and the findings of guilt were overturned.

The Court of Appeal made it clear that the interpretation of statutes is a matter of law and not of fact. The court emphasised that the interpretation of statutes should be based on the ordinary meaning of the words used in the statute, and that any ambiguity should be resolved in favour of the party who is not the author of the statute. The court also noted that the interpretation of statutes should be consistent with the purpose and object of the statute. In this case, the court found that the interpretation of the Magistrates Court was inconsistent with the purpose and object of the Road Transport Act.

Orders

Orders of the court

The appeal is allowed. The findings of guilt are overturned.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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